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4 Jun 2020, 1:59 pm by Stephen Griffin
  However, this would be the practical equivalent of accepting that there is no strong difference between originalism and living constitutionalism, as Eric Segall and others have urged.This is relevant to "Optimistic Originalism" because the continuing resistance to fully accepting Balkin’s deal has significant implications for the effort by OPM originalists to understand the Reconstruction amendments, the Fourteenth Amendment in particular, in an optimistic… [read post]
29 Jan 2021, 4:30 am by Matthew Tokson
Eric Segall recently previewed the direction that the Court is likely to take over the next several years. [read post]
9 Aug 2018, 4:34 am by Edith Roberts
” At Slate, Eric Segall observes that although Kavanaugh’s nomination “triggered immediate fear among most liberals and progressives,” “[t]here’s a reason … for conservatives to also have anxiety about the … nomination: The rare times in our history that the court has gone as far outside the ideological mainstream as Kavanaugh may well take the court have resulted in major public backlash and even constitutional crisis. [read post]
19 Dec 2011, 6:35 am by Joshua Matz
At the National Review Online, Eric J. [read post]
16 Mar 2012, 4:55 am by Jon Hyman
— from Legal Tastings – A Wine Law Blog Labor Relations Breathe Deeply Before You Read: ALJ Finds At-Will Statement Violates NLRA — from Jonathan Segal Thinking About A Different World Under the NLRA — from Michael Fox’s Jottings By An Employer’s Lawyer Waiting for the Dust To Settle on New NLRB Posting Requirement — from Dan Schwartz’s Connecticut Employment Law Blog Until next week… [read post]
13 Feb 2012, 6:58 am by Marissa Miller
In an op-ed for the Los Angeles Times, Eric J. [read post]
1 Mar 2016, 3:39 am by Amy Howe
”  At ACSblog, Eric Segall argues that, unless the Court “is going to reverse current law and return the issue of abortion to the states, both Texas laws should be struck down and a signal sent to the rest of the country that sham anti-choice legislation passed for no purpose other than to make it harder for women to secure safe, affordable abortions will not be tolerated by our highest Court. [read post]
15 May 2014, 6:16 am by Amy Howe
” In an op-ed at CNN, Eric Segall argues that there “are (at least) two fundamental changes that we need to make to the Supreme Court of the United States”:  oral arguments and opinion announcements at the Court should be televised, and the Constitution should be amended to give the Justices “fixed terms and a salary for life,” which will “provide[] much-needed judicial independence without the downsides of life tenure. [read post]
30 Sep 2014, 8:47 am by Amy Howe
” Briefly: At Salon, Eric Segal and Lisa McElroy weigh in on the Court and transparency. [read post]
23 Apr 2019, 9:12 am by Will Baude
The piece responds in part to criticisms raised by Richard Primus, Mark Greenberg, Mikołaj Barczentewicz, and Charles Barzun, among others (and Eric Segall is publishing a response here). [read post]
22 Jan 2016, 6:13 am
Segal, Wachtell, Lipton, Rosen & Katz, on Wednesday, January 20, 2016 Tags: Boards of Directors, Change in control, Compensation disclosure, Compensation ratios, Dodd-Frank Act, Equity-based compensation, Executive Compensation, Executive turnover, Institutional Investors, ISS, Management, Mergers & acquisitions, Say on pay, Securities litigation, Securities Regulation, Shareholder activism, Shareholder suits, Taxation Political Values, Culture, and Corporate Litigation Posted… [read post]
19 May 2015, 6:45 am by Amy Howe
” At Dorf on Law, Eric Segall discusses the “running debate among legal scholars and Court commentators over the blend of personal values and law that drives Supreme Court decisions. [read post]
28 Jan 2015, 7:22 am by Ronald Collins
Supreme Court (Palgrave Macmillan, 2014) Rorie Spill Solberg & Eric N. [read post]
18 Jul 2018, 3:58 am by Edith Roberts
” At Slate, Eric Segall argues that “no modern justice has allowed originalist principles to block desired political outcomes, and it is extremely unlikely Judge Kavanaugh will break that streak. [read post]
21 Apr 2015, 4:54 am by Amy Howe
In a podcast at Slate, Adam Liptak and Eric Segall discuss whether “the justices are just as motivated by political and psychological concerns as they are by legal doctrine and case law” with Dahlia Lithwick. [read post]
23 Oct 2017, 4:11 am by Edith Roberts
” At Dorf on Law, Eric Segall continues the discussion about whether and how to address factual errors in Supreme Court opinions, arguing that “in most cases the Justices should leave the data behind and more transparently highlight the real value choices driving the decisions. [read post]
19 Sep 2017, 4:08 am by Edith Roberts
” At Dorf on Law, Eric Segall argues that the baker’s “speech claims cannot be satisfactorily resolved on the present record, and therefore the Court should not resolve [them]. [read post]