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14 Sep 2019, 6:00 am by Guest Blogger
For the symposium on Andrew Coan, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019).Adrian Vermuele     Andrew Coan’s book develops seamlessly out of a venerable line of work that considers constitutional theory, and legal theory generally, in light of the capacities of judges and the resource constraints under which they labor, especially constraints of time, attention, information, and… [read post]
9 Sep 2019, 11:02 am by Glenn Reynolds
For Wehner, it’s still 2016, when scary fantasies about Trump’s mental condition were popular, but then, as Adrian Vermeule has noticed, the liberal bourgeois leadership worldwide seems unable to cope psychologically with any political defeat. [read post]
9 Sep 2019, 6:05 am by JB
This week and next on Balkinization we will be hosting a symposium on Andrew Coan's book, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019).We have assembled a terrific group of commentators, including Maggie Blackhawk (Penn), Aaron Bruhl (William and Mary), Aziz Huq (Chicago), David Marcus (UCLA), Victoria Nourse (Georgetown), Fred Schauer (Virginia), Adrian Vermeule (Harvard), and Mariah Zeisberg… [read post]
7 Aug 2019, 12:12 am by Lawrence Solum
Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. [read post]
21 Jul 2019, 7:35 am by Lawrence Solum
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory. [read post]
19 Jul 2019, 10:47 am by John J. Donohue III
” Of course, Stevens was correct and Justice Scalia supported his assertion with a cite to a single article by Cass Sunstein and Adrian Vermeule that was not an empirical evaluation of the deterrent effect of the death penalty, but rather a philosophical discussion of what would be appropriate policy if the death penalty did deter. [read post]
18 Jul 2019, 8:32 am
” Of course, Stevens was correct and Justice Scalia supported his assertion with a cite to a single article by Cass Sunstein and Adrian Vermeule that was not an empirical evaluation of the deterrent effect of the death penalty, but rather a philosophical discussion of what would be appropriate policy if the death penalty did deter. [read post]
14 Jul 2019, 4:26 pm by Lawrence Solum
Elizabeth Garrett and Adrian Vermeule, Transparency in the Budget Process (September 3, 2006) (This entry was last revised on July 14, 2019.) [read post]
27 Jun 2019, 4:09 am by Daniel Walters
As Adrian Vermeule argued after Gundy, Roberts may say one thing in a “safe dissent or concurrence,” but might be compelled by “role morality” to say something very different when the stakes are real. [read post]
24 Jun 2019, 3:55 am by Edith Roberts
Also at Notice & Comment, Adrian Vermeule throws cold water on predictions of an impending revival of the nondelegation doctrine after Gundy v. [read post]
20 Jun 2019, 6:32 pm by Howard Bashman
“Never Jam Today”: At the “Notice & Comment” blog of the Yale Journal on Regulation, Adrian Vermeule has a guest post that begins, “Ever since I started law school in 1990, almost thirty years ago, I’ve been hearing that the Court’s libertarian-legalist conservatives would definitely invalidate some statute or other on nondelegation grounds, any day now, without question. [read post]
16 Jun 2019, 6:00 am by Lawrence Solum
Introduction The post provides a very basic introduction to the idea of "second best. [read post]
7 Jun 2019, 7:00 am by Sandy Levinson
"  I'm probably far more accepting of the latter than Calabresi is; my views are similar to those articulated by Adrian Vermeule in his recent book on the administrative state. [read post]
6 Jun 2019, 6:30 am by Sandy Levinson
  For example, I am curious about the degree to which Eric has changed his own mind about the phenomenon of what he and Adrian Vermeule dismissed in their book The Executive Unbound:  After the Madisonian Republic (2010): i.e., any fears that the thoroughly Schmittian executive they defended would in fact generate the possibility of “tyranny” within the United States. [read post]
10 Mar 2019, 1:07 pm by Lawrence Solum
Gersen & Adrian Vermeule, Chevron As A Voting Rule, 116 Yale L.J. 676 (2007). [read post]
30 Jan 2019, 7:22 am by Gillian Metzger
But the most important point is one that Adrian Vermeule emphasizes in his contribution to this symposium: The radical import of these attacks is not limited to overturning Auer, but would call into question the core legal foundations of the administrative state. [read post]
16 Jan 2019, 6:45 am by Brian Leiter
.), here is another, law professor Adrian Vermeule (Harvard) (he wasn't always one--when I wanted to hire him at Texas twenty years ago, he was simply a run-of-the-mill legal conservative): Progressive liberalism has its own cruel... [read post]