Search for: "William Eskridge" Results 181 - 200 of 226
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21 Aug 2022, 6:00 am by Lawrence Solum
 Among contemporary theorists, William Eskridge Jr. is strongly identified with an evolving version of legal process theory. [read post]
16 Jun 2024, 6:00 am by Lawrence Solum
 Among contemporary theorists, William Eskridge Jr. is strongly identified with an evolving version of legal process theory. [read post]
4 Apr 2023, 4:33 am by Andrew Koppelman
When Yale Law Professor William Eskridge and I wrote our amicus brief in that case, we consciously targeted Justice Neil Gorsuch, aiming to show him that his textualist philosophy of interpretation demanded that result. [read post]
21 Jul 2023, 6:43 am by Jonathan H. Adler
There are many variants of this view, but to name just a few: Ronald Dworkin argued that judges should act as philosophers, promoting justice understood in an abstract way; William Eskridge has argued that statutes must be interpreted dynamically, in light of contemporary social and moral norms; and Judge Posner maintained that judges must interpret statutes pragmatically, to promote efficient outcomes. [read post]
1 Aug 2014, 5:21 pm by Bridget Crawford
Planning Committee for the 2015 Workshop on Next Generation Issues of Sex, Gender and the Law: Angela Onwuachi-Willig, University of Iowa College of Law, Chair William Eskridge, Yale Law School Aya Gruber, University of Colorado School of Law Kimberly Yuracko, Northwestern University School of Law Rebecca Zietlow, University of Toledo College of Law [read post]
There are some very good reasons why courts follow the ordinary meaning rule (many of which are outlined in the opening chapter of William Eskridge Jr. [read post]
20 Nov 2015, 8:12 am by June Casey
Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (5th ed. 2006, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The… [read post]
25 Oct 2019, 9:01 am by Dale Carpenter
As scholars like William Eskridge, Carlos Ball, and others have demonstrated, I argue that the First Amendment gave the LGBT-rights movement the vital breathing space it needed to emerge as a political, legal, and ultimately moral force. [read post]
8 Oct 2014, 6:29 am by Amy Howe
  This blog’s symposium on the orders continued with posts from Scott Michelman, William Eskridge, Robin Wilson, Dale Carpenter, and John Neiman. [read post]
15 Sep 2015, 2:34 pm
” The article will be released on Thursday, Constitution Day, when the Cato Supreme Court Review is released at the Cato Institute’s annual Constitution Day event, which features professors Steven Calabresi and William Eskridge, Walter Olson of Overlawyered, Damon Root of Reason and several VC contributors. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Eskridge is the ordinary meaning canon: the requirement to interpret statutes according to their plain or ordinary meaning.[20]  The agreed-upon ordinary meaning canon produces multiple interpretations, and it manages to divide textualists from one another. [read post]
7 Apr 2015, 2:42 pm by JB
  And they exemplify the ongoing debates over the future of originalism as an approach to constitutional interpretation.The Cato Institute brief, authored by William Eskridge (Yale), Stephen Calabresi (Brown/Northwestern), and Ilya Shapiro (Cato Institute), argues that a constitutional guarantee of same-sex marriage is consistent with the original meaning of the Fourteenth Amendment. [read post]
1 Feb 2015, 10:35 am by Guest Blogger
  A brieffiled by William Eskridge, John Ferejohn, Charles Fried, Lisa Marshall Manheim and David Strauss explains why a textualist analysis of the law would compel the Court to rule for the government. [read post]
5 May 2024, 6:30 am by Guest Blogger
Those include William Eskridge’s concept that “the most successful constitutional rights movements of the twentieth century . . . sought to enhance protections for ‘discrete and insular minorities’ tied together by a shared social ‘identity. [read post]