Fuller

September 27, 2018

Sunstein and Vermeule on Fuller: A View from Canada

What would Lon Fuller think about Canada’s standard of review framework? Continue reading

Administrative Law

Administrative Law, Fuller
December 22, 2017

Was Lon Fuller an Originalist?

Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation Continue reading

Constitutional Theory, Legal philosophy

congruence, constitutional interpretation, Fuller, originalism, purposivism, Rule of Law
May 5, 2014

Constitutional Amendment and the Law

I have been a bit harsh on the Supreme Court in my first post on its opinion in the Reference re Senate Reform, 2014 SCC 32, saying that it had reduced the constitutional text to the status of a façade, which hid as much as it revealed of the real constitutional architecture, which only the Continue reading

Constitutional law, Legal philosophy

constitutional amendment, Fuller, Rule of Law, Senate reform, Supreme Court of Canada
October 18, 2012

To Track or Not to Track?

There was an interesting article in the New York Times this weekend about the brewing fight around “do not track” features of internet browsers (such as Firefox or Internet Explorer) that are meant to tell websites visited by the user who has enabled the features not to collect information about the user’s activity for the Continue reading

New Technologies

Fuller, Hayek, internet, legal development, legislation, social ordering
August 19, 2012

Unsettling Settlement

I blogged some time ago about a settlement between an unspecified group of plaintiffs and Facebook regarding Facebook’s approach to what it calls “sponsored stories” which tell us that such and such friends “like” a certain company’s page. I raised some questions about the way in which this settlement works to create new rules, social Continue reading

Legal philosophy, New Technologies, The Justice System

cours, Facebook, Fuller, legal development, legislation, social ordering
June 25, 2012

In with the New?

Last week, I suggested that “[n]ew technologies seem not so much to create moral issues as to serve as a new canvass on which to apply our old concerns.” But there is no doubt that our legal rules, unlike perhaps moral ones, need updating when new technology comes along. How this updating is to happen is Continue reading

Legal philosophy, New Technologies, The Justice System

Facebook, Fuller, internet, legal development, legislation, social ordering, technology
May 26, 2012

A Pull Towards Goodness?

WARNING: This post is an adapted version of a passage in my “candidacy paper,” which is meant eventually to be part of the first chapter of my dissertation. Caveat lector. *** Explaining their decisions is an important part of the judges’ work. It is valuable for all sorts of reasons. It forces judges to be Continue reading

Legal philosophy

common law system, courts, Fuller, judges, legal philosophy