Search for: "Matter of Thayer"
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16 Sep 2022, 8:55 am
One reason is that as a matter of simple psychology, it is extremely difficult for any judge consistently to embrace it. [read post]
7 Aug 2023, 9:47 am
This essay begins with my recently published book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters and then digs into a nuance I did not pursue there. [read post]
7 Aug 2023, 9:47 am
This essay begins with my recently published book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters and then digs into a nuance I did not pursue there. [read post]
31 May 2012, 2:33 pm
David Thayer returns to recap the SC's important decision in Vision One. [read post]
9 May 2011, 11:19 am
Insurance expert David Thayer thinks that Division II got it wrong. [read post]
8 Oct 2022, 8:06 am
Thayer, 2022 WL 4290310 (D. [read post]
5 Nov 2013, 10:15 am
UPDATE: In the original version of this post, I accidentally got James Bradley Thayer’s first name wrong. [read post]
12 Dec 2022, 6:00 am
I elaborate on these points in my new draft essay, “What Is the Matter with Dobbs? [read post]
2 Dec 2023, 7:56 am
Today’s equivalent wouldn’t write the article in the way Thayer did, but—to quote Justice Kagan—trust me on this: if you compare Thayer’s article to others published in the 1890s you’ll think that the others are really old-fashioned while Thayer’s is just a little quirky. [read post]
1 Dec 2012, 12:33 am
Thayer. [read post]
26 Apr 2012, 10:31 am
In order to grant summary judgment, there must be no genuine dispute as to material fact in the case that must be presented to a jury, and the party moving for summary judgment must be entitled to judgment as a matter of law. [read post]
19 Sep 2011, 10:40 am
Now, the Supreme Court has another construction matter to resolve – Vision One. [read post]
14 Jul 2015, 9:29 am
Thayer and Dr. [read post]
6 Jul 2021, 4:23 am
Eastmore and Thayer Street cross-appealed denial of dismissal. [read post]
30 Jan 2008, 2:24 am
And some more from the text:Here a useful idea stems from the 19th-century legal theorist James Bradley Thayer, who argued that courts should defer to legislatures unless the statute is clearly unconstitutional or irrational.109 Thayer's rather vague suggestion was that this regime would be beneficial because of legislators' superior "judgment. [read post]
2 Feb 2008, 5:20 am
And some more from the text:Here a useful idea stems from the 19th-century legal theorist James Bradley Thayer, who argued that courts should defer to legislatures unless the statute is clearly unconstitutional or irrational.109 Thayer's rather vague suggestion was that this regime would be beneficial because of legislators' superior "judgment. [read post]
17 Jul 2012, 3:01 am
Ted graciously made this space available to me to further comment on the matter. [read post]
11 Apr 2008, 11:24 am
Thayer, Jr. v. [read post]
31 Jan 2023, 6:30 am
Yes, many people understood that elections and legislation were more problematic than Ely or Thayer (or, for that matter, mainstream judicial doctrine) generally acknowledged. [read post]
5 Aug 2009, 4:00 am
In the Matter of Thayer Capital Partners, TC Equity Partners IV, L.L.C., TC Management Partners IV, L.L.C., and Frederick V. [read post]