Search for: "Philip Bobbitt"
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2 Feb 2020, 11:48 am
The answer is not really, for a simple reason: In terms of what Philip Bobbitt has labeled the "modalities" of constitutional argument, Dershowitz is focusing relentlessly on one of them, "textualism," which relies for its strength on a naive approach to language that can be summarized by "what meaning of 'no' do you not understand? [read post]
2 Jan 2018, 8:00 am
In September, I identified four myths that dog discussions about presidential impeachment. [read post]
11 May 2007, 10:25 am
Constitutional arguments, as Philip Bobbitt has shown us, draw on text, original intent, the constitutional structure, precedent, ethical considerations, and prudence. [read post]
19 Nov 2011, 7:34 pm
Most of the offerings avoid polemic; a notable exception is the editors’ own introductory essay, which has an oddly sneering tone directed particularly at Philip Bobbitt and his book Terror and Consent. [read post]
31 Dec 2009, 2:09 pm
That's part of what makes it so "relentlessly tactical," as I have quoted Philip Bobbitt (one of the grand strategists, one of the few who can strategically link military history and strategy, diplomacy, and law). [read post]
23 Mar 2012, 7:31 am
At Balkanization, Philip Bobbitt has posted an argument in the form of a mock amicus brief arguing that the Court could uphold the individual mandate under Congress’s power to provide for the “common Defence”; Mary Dudziak replies at the Legal History Blog. [read post]
11 May 2007, 10:25 am
Constitutional arguments, as Philip Bobbitt has shown us, draw on text, original intent, the constitutional structure, precedent, ethical considerations, and prudence. [read post]
24 Jun 2022, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]
1 Apr 2015, 11:21 am
Last night’s deadline for a political agreement on Iran’s nuclear program came and went with no news of a deal. [read post]
4 Dec 2017, 4:00 am
” Philip Bobbitt raised this possibility in May of this year, and the facts that have since come to light add support to his conjecture. [read post]
21 Nov 2022, 5:16 am
Philip Bobbitt put it perfectly when, describing the Trump era compared to the Nixon era, he wrote that we are now “more inclined to treat impeachment as a political struggle for public opinion, waged in the media, and less like the grand inquest envisioned by the Constitution’s Framers. [read post]
25 Mar 2020, 10:38 am
“Before Virus Outbreak, a Cascade of Warnings Went Unheeded,” declared the New York Times headline. [read post]
13 Jan 2023, 6:30 am
Philip Bobbitt’s theory of interpretive modalities is of this kind. [read post]
3 Jul 2023, 6:30 am
Instead, Loughlin focuses, as does Ran Hirshl in his influential book Juristocracy, on the accretion of power by judiciaries all over the world, especially those who take as part of their modern remit “reading” their local constitution in light of often unwritten (or “unenumerated”) provisions that, nonetheless, are thought necessary to enforce or maintain the “fundamental values,” the deepest commitments—what Philip Bobbitt in… [read post]
5 Sep 2017, 5:30 am
One hundred years ago today—on September 5, 1917—Charles Evans Hughes famously argued that “the power to wage war is the power to wage war successfully. [read post]
8 Jul 2023, 10:45 pm
Since late 2021, Just Security has published over 300 articles analyzing the diplomatic, political, legal, economic, humanitarian, and other issues and consequences of Russia’s war on Ukraine, including many in Ukrainian translation The catalog below organizes our collection of articles primarily about the war into general categories to facilitate access to relevant topics for policymakers, researchers, journalists, scholars, and the public at large. [read post]
29 Jul 2022, 6:15 am
Waldman (@bxnwaldman) and Elizabeth Goitein (@LizaGoitein) (March 31, 2022) New Export Controls Distinguish Between Exports to Russia and Deemed Exports to Russian Nationalsby Christine Abely (@CEAbely) (March 9, 2022) Diplomatic - Political Accountability … [read post]
23 Sep 2007, 8:01 am
Glenn Sulmasy, JAG and law professor at the US Coast Guard academy, and John Yoo have published a new article in the UCLA law review, "Challenges to Civilian Control of the Military: A Rational Choice Approach to the War on Terror," 54 UCLALR 1815 (August 2007). [read post]
20 Jul 2017, 11:00 am
According to Philip Bobbitt, in bribery terms, Trump "came perilously close to violating the constitution" during his private January dinner with then-FBI director James Comey when he asked if Comey wanted to keep his job and then “raised the subject of Comey terminating the Russia investigation. [read post]
