Search for: "Adrian Vermeule"
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22 Jun 2014, 3:41 am
The efforts at addressing past injustices was missing -- it was, to turn Eric Posner and Adrian Vermeule's phrase on its side, "transitional justice as ordinary injustice. [read post]
22 Mar 2011, 6:43 am
And that was before the Libya intervention.Sullivan exaggerates but gets at the essential truth, which is that the imperial presidency has been institutionalized, as Adrian Vermeule and I argue in The Executive Unbound. [read post]
20 Jul 2015, 10:01 am
The latest contributor to the growing literature on deference and procedural fairness is Adrian Vermeule in “Deference and Due Process“: In the textbooks, procedural due process is a strictly judicial enterprise; although substantive entitlements are created by legislative and executive action, it is for courts to decide independently what process the Constitution requires. [read post]
2 Apr 2024, 7:19 pm
Professor Adrian Vermeule considers the dilemma between broad delegations of agency authority and the proper function of judicial review, and contrasts what a modest resolution in Loper Bright Enterprises v. [read post]
4 Oct 2019, 4:38 pm
” I am happy to consider all of these as friendly amendments, though I think Vermeule may overestimate their practical significance. [read post]
9 Jan 2024, 12:05 pm
Adrian Vermeule, Common Good Constitutionalism: Recovering the Classical Legal Tradition (2022). [read post]
27 Jan 2017, 6:00 am
Adrian Vermeule For the Symposium on Adrian Vermeule, Law's Abnegation. [read post]
31 Dec 2007, 10:02 pm
In this book, Adrian Vermeule moves beyond these debates, changing the focus to institutional design writ small.In established constitutional polities, Vermeule argues that law can and should - and to some extent already does - provide mechanisms of democracy: a repertoire of small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative government. [read post]
1 Dec 2017, 5:30 am
Harvard lawprofs Jack Goldsmith and Adrian Vermeule proffer a different perspective, broken into four parts. [read post]
1 Jan 2007, 11:03 am
Gordon, Chancellor Kent Professor of Law and Legal History, Yale University Judging Under Uncertainty : An Institutional Theory of Legal Interpretation by Adrian Vermeule The topic of legal interpretation is a large and enduring one, and Vermeule has made a distinct contribution. [read post]
7 Nov 2018, 9:30 pm
” 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]
27 Jul 2022, 10:33 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
23 May 2022, 6:11 am
” To Adrian Vermeule, an integralist—that is, an advocate of establishing a Catholic confessional state—and a chaired professor at Harvard Law School, communism and liberalism have far more in common than it would seem at first glance. [read post]
14 Sep 2019, 6:00 am
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]
2 Jun 2022, 12:50 pm
Adrian Vermeule has cogently criticized “common-good originalism" for subordinating the good of the nation to archival research: “What happens if and when the original understanding and the common good diverge? [read post]
27 Nov 2012, 2:03 am
Posner and Adrian Vermeule, in their book The Executive Unbound: After the Madisonian Republic (Oxford University Press, 2011) put forth yet another view. [read post]
18 Jun 2020, 8:31 am
There is a great ferment among conservative legal intellectuals these days. [read post]
2 May 2013, 9:01 pm
For anyone who is interested, I would recommend “Conspiracy Theories,” the relatively recent work of Cass Sunstein and Adrian Vermeule, two Harvard Law professors who reviewed and plumbed the existing literature to understand and address the conspiracy theories, particularly those claiming 9/11 was not the work of terrorists, but rather that of the United States and/or Israeli governments. [read post]
18 Dec 2023, 6:30 am
More precisely, for Sunstein, there are many and varied interpretive theories that have sufficient standing to be considered "candidates" for interpreting the Constitution.[1] Through his book, Sunstein presents and explores some of these theories, including the following: textualism, semantic originalism, intent originalism, Lawrence Solum's "public meaning" originalism, expectations originalism, John Ely's protection of democracy, traditionalism, Ronald Dworkin's… [read post]
10 May 2017, 5:26 am
Reg. 30738 (1973).As Professor Adrian Vermeule has carefully pointed out, the remedies here are political. [read post]
