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14 Jun 2008, 4:19 pm
June 12, 2008), proves, if nothing else, Professor Bickel's insightfulness on that point. [read post]
9 Jun 2014, 10:00 am by Dan Ernst
Popular constitutionalism is inspired by the same faith in the democratic political process as the judicial restraint advocated by James Bradley Thayer, Felix Frankfurter, and Alexander Bickel. [read post]
23 Jun 2015, 6:00 am by Staci Zaretsky
John Bickel, who invoked the firm’s partnership retirement clause, is now ensconced as senior counsel at Fish & Richardson. [read post]
5 Jul 2023, 1:00 pm by Michael C. Dorf
I contrast the vision of the Supreme Court that Alexander Bickel defended with the current approach. [read post]
16 Dec 2009, 8:52 am
" Alexander Bickel showed long ago how the Supreme Court's discretionary certiorari jurisdiction was the lynchpin of those "passive virtues" that are essential to principled government. [read post]
20 Dec 2010, 6:00 am by Tun-Jen Chiang
Alexander Bickel coined the term "counter-majoritarian difficulty" to describe the legitimacy problem faced by courts when they strike down popularly enacted statutes. [read post]
3 Nov 2011, 1:58 pm by Matthew Huisman
Davis & Associates, by 3M’s attorney, William Brewer III of Bickel & Brewer in D.C. [read post]
22 Apr 2019, 6:30 am by Guest Blogger
Under the spell of equating legitimacy with public support, political scientists have repeatedly argued that Bickel’s countermajoritarian difficulty is spurious. [read post]
8 Nov 2010, 3:38 pm by Gene Quinn
Gene Quinn and Mindy Bickel (USPTO) after teaching Claim Drafting for Beginners, 11/5/2010 Last week I participated in the 15th Annual Independent Inventors Conference at the United States Patent and Trademark Office. [read post]
25 Mar 2010, 10:57 am by David Kravets
But the World Intellectual Property Organization on Thursday sided against Storz & Bickel, the maker of the Volcano Vaporizer, ruling that MSI Imports’ four dozen Volcano-related domains aren’t treading on Storz & Bickel’s trademarks. [read post]
22 Mar 2021, 4:02 am
Contents include:Fabian Bickel, Brexit and Trade Defence: Effects of a Changed Territory Marco Bronckers & Giovanni Gruni, Retooling the Sustainability Standards in EU Free Trade Agreements Carrie Shu Shang & Wei Shen, Beyond Trade War: Reevaluating Intellectual Property Bilateralism in the US–China Context Johannes Hendrik Fahner, Settling Interstate Trade Disputes: Lessons from the EFTA Complaints Procedure Amit Kumar Sinha & Pushkar Anand, Feminist Overview of… [read post]
18 Sep 2015, 3:30 am by Jacob E. Gersen
But Bickel’s ghost remains a powerful trope in modern constitutional law and Jacobs’s point is not that Bickel was right about courts. [read post]
29 Mar 2024, 7:51 am by Mark Tushnet
Bickel’s point was that times change, and so do views of what lines should be approved morally. [read post]
14 Aug 2007, 4:12 pm
Board of Education when Alexander Bickel presumably began writing his 1962 classic setting forth the "countermajoritarian difficulty" (and a defense of Brown, let's not forget). [read post]
7 Jul 2009, 10:13 pm
Constitutional law scholars have long fretted over the "countermajoritarian difficulty" (CMD) a term coined by Alexander Bickel for an old issue: The fact that, except in the extraordinarily rare case of a blatant and obvious violation of the Constitution, judicial invalidation of legislative and executive action substitutes the views of unelected judges for those of officials who are accountable to the people. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
" (Bickel borrowed the phrase "in a mature democracy" from the appeals court decision that the Supreme Court reversed in Greene v. [read post]
20 Dec 2016, 9:53 am by Ashley Deeks
We might think of this as an executive version of what Professors Bickel and Sunstein have referred to as “judicial minimalism. [read post]