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3 Jan 2020, 3:53 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Walter Olson assesses claims by commentators “that the makeup of the present Supreme Court is illegitimate. [read post]
1 Jan 2020, 5:57 pm by Howard Bashman
“Disputed Appointments and the Supreme Court’s Legitimacy, in 1937 and Today”: Walter Olson has this post at the “Cato at Liberty” blog. [read post]
17 Dec 2019, 3:05 am by Walter Olson
Walter Olson discusses what that might look like in practice. [read post]
17 Oct 2019, 9:47 am by Ron Coleman
  Walter Olson: The patenting of software, in contrast to the patenting of chemical and pharmaceutical compounds, generates relatively high litigation costs and low benefits [...] [read post]
15 Oct 2019, 4:00 am by Edith Roberts
” At The Bulwark, Walter Olson weighs in on a trio of cases argued last week in which the court considered whether federal law protects employees from discrimination on the basis of sexual orientation or gender identity, noting that “this would not be the first branch of employment discrimination law to develop through surprise plain meaning readings. [read post]
12 Oct 2019, 3:54 am by SHG
At the Bulwark, Walter Olson offers an interesting post about the trio of cases argued before the Supreme Court this week, characterizing the issue as the “surprise plain meaning” approach to textualism. [read post]
11 Oct 2019, 4:01 pm by Dale Carpenter
" Walter Olson expands on why O'Rourke's answer was so objectionable, calling it "illiberal, anti-pluralist, and inflammatory. [read post]
18 Sep 2019, 4:30 am by Eric Turkewitz
” As Walter Olson, also of the Cato Institute noted, this concept has repercussions. [read post]
18 Aug 2019, 8:58 am by Walter Olson
Walter Olson, New Market It is true that in principle “red flag” laws can draw on the same respectable historic taproots of judicial power as, e.g., domestic violence restraining orders. [read post]
29 Jul 2019, 3:54 am by Edith Roberts
At the Cato Institute’s Cato at Liberty blog, Walter Olson remarks that the controversy resolved this term in Parker Drilling Management Services. [read post]
11 Jul 2019, 5:00 pm by Ilya Somin
As [Walter] Olson notes, the state used the threat of eminent domain to keep the Preakness from moving in 2009—only to end up with an increasingly troubled enterprise, and a decaying race track. [read post]
1 Jul 2019, 8:44 am by Bob Ambrogi
So congratulations to Walter Olson on his blog’s 20 birthday. [read post]
30 Jun 2019, 5:51 pm by Walter Olson
To get more Overlawyered in your social media diet, like us on Facebook here (and don’t forget to like the Cato Institute and the page for me, Walter Olson) and follow us on Twitter (ditto and ditto). [read post]
27 Jun 2019, 2:49 pm by Jon Levitan
Additional commentary comes from Walter Olson for Cato; Howard Wasserman for PrawfsBlawg; Jonathan H. [read post]
20 Jun 2019, 12:18 pm by Robert Thomas (
"  Looking Back: Charles Reich and His Era (Walter Olson at Cato) - noting the death of Professor Charles Reich, author of the influential Yale Law Review article on "new property. [read post]
21 May 2019, 3:01 am by Walter Olson
but there is that extra layer that at least you can train them and they are likely to have the time on the job that allows them to build up their expertise,” said Walter Olson, a senior fellow at the Cato Institute. [read post]
15 May 2019, 4:06 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Walter Olson writes that “[t]he wider worry … is that the majority (significantly joined by [Justice Brett] Kavanaugh) did not merely resolve a technical puzzle about how the law’s language applies to an unusually designed supply chain, but seemed inclined along the way to adopt an ungenerous and narrow reading” of a prior case that “serves as a major check against runaway litigation. [read post]
11 May 2019, 7:18 am by Jack Goldsmith
(Two other OLC opinions, one written by William Barr in 1989, the other by Ted Olson in 1984, applied the different but related constitutional avoidance canon to read a criminal statute to exclude the president.) [read post]