Search for: "Matter of Posner"
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17 May 2024, 5:00 am
This is essentially an argument made by Richard Posner who likens law review articles to salmon swimming upstream. [read post]
12 May 2024, 6:00 am
This means that some theorists are likely to offer definitions for these terms that make it true (as a matter of definition) that living constitutionalism and originalism are mutually exclusive, where as other theorists may embrace the possibility that some moderate forms of living constitutionalism are compatible with originalism. [read post]
30 Apr 2024, 5:51 am
” As Professors Daniel Hemel and Eric Posner observe, construing the word “whoever” to mean “whoever except the president” would do violence to the English language. [read post]
22 Apr 2024, 6:57 pm
Here is a note from the forthcoming edition of Ames, Chafee, and Re on Remedies, my casebook with Emily Sherwin: NOTE ON GOVERNMENT PLAINTIFFS IN EQUITY Does it matter that the plaintiff is the government? [read post]
18 Apr 2024, 5:55 am
As Eric Posner and Adrian Vermeule have argued, “legal and political transitions lie on a continuum, of which regime transitions are merely an endpoint. [read post]
14 Apr 2024, 1:05 pm
It is well settled that “Illinois courts abhor restraints on trade” and therefore “postemployment restrictive covenants are carefully scrutinized . . . because they operate as partial restrictions on trade. [read post]
1 Apr 2024, 7:24 am
As an initial matter, it is difficult to place a monetary value on subjective feelings and attachments. [read post]
24 Feb 2024, 1:10 pm
TM is a terrible subject matter for ex parte proceedings. [read post]
23 Feb 2024, 4:59 pm
What matters is what the TMEP says the court said, which isn’t always the same as what the court said; sometimes says “the court can’t have meant that. [read post]
21 Feb 2024, 8:15 am
Posner, Economic Analysis of Law 8 (4th ed. 1992). [read post]
12 Feb 2024, 5:00 am
However, it is a matter of degree. [read post]
1 Feb 2024, 5:01 am
In arguing otherwise, Disney relies on Judge Posner's opinion in Fraternal Order of Police Hobart Lodge No. 121 v. [read post]
1 Feb 2024, 3:15 am
Meredith blogged last year that the requirement for auditors to identify “critical audit matters” has not been living up to the PCAOB’s hopes & dreams. [read post]
31 Jan 2024, 9:20 pm
As a practical matter, you need to have spent a few years researching and writing scholarship to get ready to go on the market for a tenure-track job. [read post]
25 Jan 2024, 8:12 am
It is then a matter of describing those rights to give them form. [read post]
9 Jan 2024, 9:05 pm
As the Supreme Court has noted, “[a]rbitration under the [FAA] is a matter of consent . . . . [read post]
9 Jan 2024, 12:05 pm
Antonin Scalia, A Matter of Interpretation (Amy Gutmann ed., 2018). [read post]
28 Dec 2023, 5:04 am
These days, Posner says, that model is largely gone. [read post]
15 Dec 2023, 6:30 am
Posner, Cooley LLP, on Saturday, December 9, 2023 Tags: SEC, SEC enforcement, Securities fraud, Whistleblowers Reporting Beneficial Owners Under the Corporate Transparency Act Posted by Robert Appleton, Jason Saltsberg, and Brian Roe, Olshan Frome Wolosky LLP, on Sunday, December 10, 2023 Tags: Beneficial Ownership, Corporate Transparency Act, FinCEN, registrant information, US Corporate Transparency Act (CTA) Incentivizing What Matters 2.0: A Cross-Continental Review of… [read post]
15 Dec 2023, 6:30 am
Posner, Cooley LLP, on Saturday, December 9, 2023 Tags: SEC, SEC enforcement, Securities fraud, Whistleblowers Reporting Beneficial Owners Under the Corporate Transparency Act Posted by Robert Appleton, Jason Saltsberg, and Brian Roe, Olshan Frome Wolosky LLP, on Sunday, December 10, 2023 Tags: Beneficial Ownership, Corporate Transparency Act, FinCEN, registrant information, US Corporate Transparency Act (CTA) Incentivizing What Matters 2.0: A Cross-Continental Review of… [read post]