judging
-
What Needs to Be Said
Sometimes people say things that need to be said. These things may make us uncomfortable. They may force us to look in the mirror. They may ask us to really sit and think about our conduct. We might not like to hear these things, but they might start a discussion. Or maybe they will force Continue reading
-
When the Surgeons Miss
Federalism and the Genetic Non-Discrimination Act Reference Continue reading
-
Just Hook It to My Veins
Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation Continue reading
-
When Judicial Disagreement Doesn’t Matter
What does it mean for an appellate court’s decision to be unanimous? Continue reading
-
Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
-
How Judge Posner Thinks
Some thoughts on a recent book about Richard Posner I have recently finished reading William Domnarski’s book on Richard Posner ― for reasons that will become apparent, I hesitate to describe it as a biography ― and want to share some thoughts on it. Be warned though: I am something of a Posner fanboy, and Continue reading
-
Constraint and Candour
The case for a constrained judiciary ― but also candour about adjudication At the website of Advocates for the Rule of Law (ARL), Asher Honickman has posted a reply to my post here on “How to Do Constitutional Adjudication” (which was itself a reply to some of his arguments in a previous ARL essay making “The Continue reading
-
Not Such a Simple Thing
A divided Supreme Court expands the powers of search incident to arrest A couple of weeks ago, the Supreme Court issued a decision, R. v. Saeed, 2016 SCC 24, that was further evidence of its majority’s expansive views of the police’s powers of search incident to arrest ― and trust in judicially developed checklists to prevent Continue reading
-
Permanent Problems
The law’s ideals and problems have not changed too much in 400 years I have only now read Francis Bacon’s essay “Of Judicature.” Bacon seems not to enjoy anything like the reputation of his rival Coke, in the law schools anyway ― I suspect that they haven’t heard much of Coke in the science faculties, Continue reading
Double Aspect 