• Ending Supreme Court Life Tenure

    There are many critics of the Constitution’s guarantee of life tenure for federal judges and especially for the Justices.  They point out that most nations with an independent judiciary give their judges long but defined terms.  So do most of our states.  The current system, ...

    2 readers - Gerard Magliocca/ Concurring Opinions
  • Evolving Contract Schemas

    A Meeting of the Minds? With co-authors, I’ve been working on a series of experimental papers about contract law that appear to be converging on a theme: what individuals think “contract” means has purchase in the real-world, and that contractual schema is evolving. A s...

    Concurring Opinions
  • FAN 24 (First Amendment News) — Stephen Barnett: The Little-Known Man Behind the Well-Known Words

    We live by falsehoods. They feed the myths of the great figures whose words are etched in our collective memory as if they were tablets from on High. We know those words; we are moved by those words; and those words define who we are or yearn to be. Words fitly selected and...

    6 readers - Ronald K.L. Collins/ Concurring Opinions
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  • The World Dan Markel Created

    There have been such moving tributes to Dan Markel posted online that I wondered what I could add that hasn’t already been said about him. I didn’t know Dan as closely as many others, but I was fortunate to get to know him back in 2005. He was, as so many have said, one with ...

    19 readers - Daniel Solove/ Concurring Opinions
  • 5 readers - Concurring Opinions
  • Absurd Statutes

    I have a question for folks who focus on statutory interpretation.  One of the canons for a court is that unambiguous text will not be applied if it would lead to an absurd result.  Are there any cases ...

    2 readers - Gerard Magliocca/ Concurring Opinions
  • Dan Markel, My Friend

    Dan Markel had many friends.  You, the reader, know that if you have been surfing any of the law professor blogosphere, which is full of tributes, notes of gratitude and sadness, and a residue of shock and disbelief.  Indeed, Dan Markel knew more legal academics - by which I ...

    32 readers - Concurring Opinions
  • Originalism in Noel Canning, Part II (“Happen”)

    My last post talked about the original meaning of “recess.” Next is the “happen” question: For President to fill a vacancy during a recess, must the vacancy arise during the recess, or can it pre-date the recess? The question has been framed as whether “happen” in the Recess ...

    6 readers - Concurring Opinions
  • Radical Pragmatism

    I recently posted on SSRN a book chapter I co-authored with Professor Michael Sullivan (Emory, Philosophy).  The chapter is called Radical Pragmatism and it is in The Cambridge Companion to Pragmatism pp. 324-344 (Alan Malachowski, ed. 2013).  This is a much shortened version...

    6 readers - Daniel Solove/ Concurring Opinions

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