Search for: "John Hart" Results 41 - 60 of 1,061
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14 Mar 2023, 12:10 pm by Lawrence Solum
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 by Lawrence Solum
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 by Lawrence Solum
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 by Lawrence Solum
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]
31 Jan 2023, 6:30 am by Guest Blogger
  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 by Guest Blogger
For the Balkinization 20th Anniversary SymposiumSandy Levinson            I have been teaching courses on American constitutional law for almost 50 years. [read post]
24 Jan 2023, 6:57 pm by Justin Chan
   In May 1994, what seemed to be a break in the case came from incentivized informant John Gonsalves — Mr. [read post]
17 Jan 2023, 9:05 pm by renholding
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 by Guest Blogger
  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 by Guest Blogger
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]
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 by Unknown
 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 by Michael C. Dorf
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 by Guest Blogger
             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]