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29 May 2018, 8:28 am by Joseph Fishkin
This clause is—one might have thought—part of what Sandy Levinson calls the hard-wired constitution of settlement. [read post]
14 May 2018, 4:30 am by John Dehn
” Goldsmith also added: And just as with international law, there is no authoritative institution in the United States to settle the matter. [read post]
16 Apr 2018, 8:57 am by Jack Goldsmith
But is that the end of the matter? [read post]
9 Feb 2018, 8:37 pm by Joseph Fishkin
 It is part of what my colleague Sandy Levinson calls the “constitution of settlement. [read post]
9 Feb 2018, 8:37 pm by Joseph Fishkin
 It is part of what my colleague Sandy Levinson calls the “constitution of settlement. [read post]
1 Feb 2018, 5:55 pm by Kevin LaCroix
Supreme Court has recently agreed to resolve this matter, in the case of Cyan, Inc. v. [read post]
30 Jan 2018, 11:16 am by Jack Goldsmith
Every presidency since Watergate has embraced policies for preserving DOJ and FBI independence from the President in certain law enforcement and intelligence matters. [read post]
22 Jan 2018, 4:18 pm by Kevin LaCroix
The Second Circuit held that this evidence was not an inappropriate “truth on the market” defense—which seeks to argue that, prior to a particular plaintiff’s purchases, accurate information regarding the subject matter of the claim had already been revealed and thus that defendants’ stock price had already declined accordingly—but rather a permissible “price impact” rebuttal.[9] Although the Second Circuit “espouse[d] no views as to… [read post]
20 Nov 2017, 2:33 pm by Jonathan Moss
LX belongs to a subset of alternative trading systems known as “dark pools,” which permit investors to trade securities in a largely anonymous matter. [read post]
25 Jul 2017, 9:01 pm by Michael C. Dorf
Mueller or his successor in the matter would respond that the self-pardon is invalid. [read post]
9 Jul 2017, 10:04 pm by Barry Barnett
If that makes for a smaller class that is nonetheless certifiable, the loss in size will not matter. [read post]
7 Jul 2017, 12:56 pm by Randy Barnett
 (This would be what Sandy Levinson calls an “unhappy ending” for an originalist who believes today in a strong separation of church and state.) [read post]
14 Jun 2017, 10:55 am by JB
Rick Pildes and Darryl Levinson have pointed out that our system is better described as separation of parties rather than separation of powers. [read post]