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4 Feb 2023, 9:09 am by Rebecca Tushnet
As access declined, David Nimmer predicted, courts might turn access against Ps and say they need to prove up originality, turning it into covert novelty requirement. [read post]
4 Feb 2023, 6:15 am by Lawrence Solum
(David Schmidtz, Presidential Chair of Moral Science, West Virginia University) “This valuable collection of essays examines how classical liberal institutional frameworks rooted in property rights, decentralization, and the rule of law can inform climate policy approaches. [read post]
3 Feb 2023, 9:30 pm by Karen Tani
" Update: Critical Legal Theory has posted podcast interviews of David Trubek and Duncan Kennedy on the Critical Legal Studies movement. [read post]
3 Feb 2023, 12:42 pm by John A. Emmons
” They discussed the story behind the secret operation, the public backlash to its eventual disclosure, and how the incident contributed to the culture of secrecy surrounding the agency today: And Jurecic sat down with Anderson, David Priess, and Wittes to discuss the discovery of classified documents at former Vice President Mike Pence’s home, the latest development in a string of such discoveries. [read post]
3 Feb 2023, 11:38 am by Neil H. Buchanan
  Choose your metaphor -- you can't un-ring that bell, the glass is shattered, whatever -- and the bottom line is that Trump's supporters are now almost certainly unwinnable, even though they were not inevitably lost causes before the fact.Similarly, when the Brexit referendum did not go down to defeat earlier in 2016 (which is what everyone, including the craven Prime Minister who brought it to a vote, David Cameron, expected to happen), the immediate response was for people… [read post]
3 Feb 2023, 11:01 am
Register at bit.ly/JMP2023Also of interest, on The [F]Law blog is David vs Goliath: How Corporate Interests Dominate Civil Appellate Litigation & What We Can Do About It -- A gap in access to expert appellate legal representation has enabled wealthy corporations to shape the legal landscape to their benefit. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
David Welkowitz has a piece on benefits of uncertainty. [read post]
  In the Department’s release, Minister of Justice and Attorney General David Lametti stated: “There is no doubt that medical assistance in dying is a very complex and deeply personal issue. [read post]
3 Feb 2023, 6:58 am by David Post
[Lon Fuller on the rule of law] [Earlier posts in this series: No. 1 / No. 2 / No. 3 / No. 4] From Lon Fuller, "The Principles of Social Order": My final conclusion is that, like many other precious human goals, the rule of law may best be achieved by not aiming at it directly. [read post]
3 Feb 2023, 6:30 am by ernst
” A half-century later, legal ethicist David Luban took Pound’s statement a large step further: “Lawyers are the law. [read post]
3 Feb 2023, 6:30 am
Posted by the Harvard Law School Forum on Corporate Governance, on Friday, February 3, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of January 27-February 2, 2023 Preparing for the 2023 Proxy Season Posted by David M. [read post]
3 Feb 2023, 6:30 am
Posted by the Harvard Law School Forum on Corporate Governance, on Friday, February 3, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of January 27-February 2, 2023 Preparing for the 2023 Proxy Season Posted by David M. [read post]
3 Feb 2023, 6:05 am by Michael Geist
  How else to explain the determination to ignore the words of Senator David Adams Richards, an acclaimed author appointed to the Senate by his own government? [read post]
3 Feb 2023, 6:00 am by Howard Bashman
David vs Goliath: How Corporate Interests Dominate Civil Appellate Litigation & What We Can Do About It; A gap in access to expert appellate legal representation has enabled wealthy corporations to shape the legal landscape to their benefit; Plaintiff-side appellate litigators are trying to change that. [read post]
3 Feb 2023, 4:00 am by Paul Caron
Tuesday, February 7: Brian Galle (Georgetown; Google Scholar) will present Solving the Valuation Challenge: The ULTRA Method for Taxing Extreme Wealth (with David Gamage (Indiana-Maurer; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar)) (reviewed by Young Ran (Christine) Kim (Cardozo; Google Scholar) here) as part of the Columbia Davis Polk... [read post]