Monday, November 18, 2019

Why Are We Really -- I Mean Really -- Stuck With Job-Tethered Benefits?

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by Neil H. Buchanan In two recent two columns --  here  (regarding health insurance) and here  (regarding retirement savings) -- I have ...
Friday, November 15, 2019

Solum on Posner and the Descriptive/Normative Gap in Originalist Theory

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By Eric Segall After Dick Posner retired from the federal bench, I wrote on this blog that "t here is no doubt that he is the most im...
2 comments:
Thursday, November 14, 2019

Why Not to Be an Originalist

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by Michael C. Dorf Tomorrow morning I'll be on a panel at the Federalist Society National Lawyers Convention , speaking on the topic &...
13 comments:
Wednesday, November 13, 2019

Job-Linked Benefits Revisited

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by Michael C. Dorf My latest Verdict column takes the recent election in Argentina as a point of departure to argue that everyone would b...
1 comment:
Tuesday, November 12, 2019

Ad Hominem Attacks on Trump’s Critics and the Loss of Good-Faith Disagreement

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by Neil H. Buchanan I have heard labor lawyers use a term, "retroactive incompetence," to describe the phenomenon in which an...
4 comments:
Monday, November 11, 2019

Congress Should Amend the Presidential Succession Act to Ensure Party Continuity

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by Michael C. Dorf On Thursday of last week, Jennifer Williams, an aide to Vice President Mike Pence, testified for the House impeachment ...
1 comment:
Friday, November 08, 2019

Justifying the Administrative State -- and Congress

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by Michael C. Dorf Today I have the pleasure of attending an all-day conference at Cornell Law School focusing on the forthcoming book The...