Search for: "John Hart"
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14 Mar 2023, 12:10 pm
Critics of Roe—such as John Hart Ely and Justice Scalia—have hammered the Court’s opinion for recognizing a supposed right to abortion that lacks a clear textual foundation in the Constitution’s language. [read post]
9 Mar 2023, 8:55 pm
John Flood (Griffith University; Queensland University of Technology; Centre for Blockchain Technologies) has posted Review, Andrew Boon, Lawyers and the Rule of LawFLOOD, J. (2023), Lawyers and the Rule of Law By Andrew Boon, Oxford: Hart, 2022, 576 pp., £90.00. [read post]
18 Feb 2023, 6:00 am
Hart and John Rawls on American constitutional theory, and although each justification is sophisticated, none can bear the normative weight that would justify conforming constitutional theories to our social practices. [read post]
13 Feb 2023, 8:55 am
Hart and John Rawls on American constitutional theory, and although each justification is sophisticated, none can bear the normative weight that would justify conforming constitutional theories to our social practices. [read post]
2 Feb 2023, 6:31 am
Sitkoff is Austin Wakeman Scott Professor of Law and John L. [read post]
2 Feb 2023, 6:31 am
Sitkoff is Austin Wakeman Scott Professor of Law and John L. [read post]
31 Jan 2023, 6:30 am
In its more enthusiastic forms, that way of thinking supported the ideas of theorists ranging from John Hart Ely to James Bradley Thayer. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
25 Jan 2023, 11:37 am
(Hart Publishing Ltd. 2014). [read post]
24 Jan 2023, 6:57 pm
In May 1994, what seemed to be a break in the case came from incentivized informant John Gonsalves — Mr. [read post]
22 Jan 2023, 6:30 am
John Hart Ely. [read post]
17 Jan 2023, 9:05 pm
REFERENCES Hart, Oliver D and Luigi Zingales, “The New Corporate Governance,” Technical Report, National Bureau of Economic Research 2022. [read post]
17 Jan 2023, 6:30 am
John Hart Ely’s theory of judicial review as serving the end of reinforcing the representative nature of American government is a descriptive theory of the work of the Warren Court. [read post]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
13 Jan 2023, 6:30 am
Hart and Ronald Dworkin. [read post]
19 Dec 2022, 10:43 am
Any questions on our capabilities or experience in this arena can be directed to John Carroll or Mike McKinnon. [read post]
12 Dec 2022, 6:00 am
Even Alexander Bickel, with his famous emphasis on judicial humility and the passive virtues, thought the essential role of the Supreme Court was to discern and articulate enduring moral principles.The one glaring exception is John Hart Ely, who defended his representation-reinforcement approach as a method for avoiding moral judgment. [read post]
8 Dec 2022, 4:00 am
In substance he got more or less there by framing what the NCSC did by reference to John Hart Ely's conception of representation-reinforcing judicial review, but that was at a different point in the argument. [read post]
17 Nov 2022, 6:30 am
The title of their post, The Wages of Crying Lochner, evokes John Hart Ely’s famous 1973 article, The Wages of Crying Wolf, which argued that Roe repeated the errors of Lochner. [read post]
29 Oct 2022, 9:56 am
Hart. [read post]