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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, 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]
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]
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]
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]
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]
3 Dec 2018, 3:30 am by Sam Krauss
And, although they do not explicitly engage with the philosophical literature, Eric Posner and Adrian Vermeule discuss how judges on multimember courts ought to take into account the votes of their colleagues. [read post]
7 Nov 2018, 9:30 pm by Joseph Blocher
Adrian Vermeule notes that Justice Story “in effect argues for a position that considers all relevant risks of all relevant alternatives, including both action and inaction, and then adopts cost-justified precautions in light of those risks. [read post]
31 Oct 2018, 2:22 pm by Adam Feldman
The justices cited an assortment of Harvard Law professors, who accumulated 12 opinion-cites, with only one professor, Adrian Vermeule, cited in more than one observation. [read post]
9 Aug 2018, 10:00 am by Dan Ernst
Adrian Vermeule, Harvard Law School, has posted The Publius Paradox, which is forthcoming in the Modern Law Review:At the Philadelphia convention assembled to draft a new Constitution, Alexander Hamilton argued “[e]stablish a weak government and you must at times overleap the bounds. [read post]
11 May 2018, 9:02 am by Rick Hills
I cannot tell whether Adrian Vermeule is perfecting what I will call, as a nod to Tom Wolfe, the style of “anti-liberal chic. [read post]
17 Dec 2017, 9:30 pm by Paul R. Verkuil
I take comfort from Adrian Vermeule’s Madisonian idea that the Constitution contemplates an “optimal abuse of power. [read post]