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Jan 14, 2025 |
yalejreg.com | Adam White
The Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo will fundamentally change the courts’ approach to interpreting regulatory statutes and reviewing the actions of administrative agencies.
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Jul 15, 2024 |
lawliberty.org | John O. McGinnis |Adam White |James Patterson
with John O. McGinnis & Adam White, hosted by James M. Patterson On the latest episode of the Law & Liberty Podcast, host James Patterson sits down with contributing editor John O. McGinnis and AEI’s Adam White to discuss what the Supreme Court’s latest rulings mean for the future of law in America. Show Notes: Adam White, Constitutionalism After Chevron (Monthly Forum)John O.
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May 31, 2024 |
lawliberty.org | Adam White |John O. McGinnis |Titus Techera
May 31, 2024 When making institutional predictions, one needs a major dose of humility. After Justice Scalia died in 2016, I wrote a short essay about his approach to administrative law, which was both principled and prudential. Scalia put the point well in his DC Circuit days: “Resolving the tension between the rule of law and the will of the people—between law and politics—is the supreme task of our government system,” he wrote for the Journal of Law and Politics.
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May 13, 2024 |
lawliberty.org | David Schaefer |Samuel Gregg |G. Patrick Lynch |Adam White
The University of Chicago, from which I received my graduate degrees, has long constituted America’s model of a temple of learning, dedicated to freedom of inquiry, unconstrained either by political considerations or narrow financial ones. Under its legendary president Robert Maynard Hutchins, the school abolished its top-tier football team, based on Hutchins’s belief that high-powered sports had no connection to the university’s educational mission.
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May 9, 2024 |
lawliberty.org | Joseph Stiglitz |Samuel Gregg |David Schaefer |Adam White
It’s not often that a distinguished scholar advises his listeners to be cautious before assigning excessive weight to his words. That, however, is precisely what the economist F. A. Hayek did in his speech at the 1974 Nobel Prize banquet.
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May 8, 2024 |
lawliberty.org | Peter Coclanis |David Schaefer |Adam White |Theodore Dalrymple
Economic history—the study of economic phenomena, processes, and patterns in past time, employing tools from economics, history, and other disciplines—is a small field. For a brief time, roughly half a century ago, it was a hot area of scholarly interest, but from the 1970s until the early twenty-first century its fortunes ebbed, as historians gravitated to trendier fields such as cultural history and economists moved increasingly toward modeling.
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May 8, 2024 |
lawliberty.org | John O. McGinnis |Adam White |David Schaefer |Theodore Dalrymple
Under our Constitution’s separation of powers, Congress enacts the laws, the Executive executes them, and the Judiciary interprets them. Chevron deference undermined that essential structure because it created a space where the Executive, not the Judiciary, determined meaning of the law. In doing so, it freed Congress from some of its accountability for writing statutes.
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May 7, 2024 |
lawliberty.org | David Bellos |Richard Smith |David Schaefer |Adam White
Thirty years ago, give or take, I sauntered into class as a lowly “2L” law student, sat down, and opened the textbook for my first day of studying copyrights and trademarks. One hour later, I walked out of that classroom—utterly confused—and proceeded to drop the course and sign up for something a bit less arcane. (Immigration law, if I recall correctly.)I never did go back to re-take that course in copyright law.
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May 7, 2024 |
lawliberty.org | G. Patrick Lynch |David Schaefer |Adam White |Theodore Dalrymple
A cancer diagnosis flips your world and your life upside down. It distorts the way you view reality and compresses time. It forces you to weigh alternatives and make choices that normal people don’t have to make and conventional circumstances don’t dictate. Deciding to treat it, and specifically how to treat it, involves not merely what is available, but what a patient can tolerate.
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May 6, 2024 |
lawliberty.org | Jack Balkin |Aaron Coleman |Adam White |Theodore Dalrymple
Jack M. Balkin’s Memory and Authority deserves praise for advocating that a natural relationship exists between history and constitutional interpretation. He is right to point out that both should rely upon one another more than they do; it is a shame that each group looks sideways at the other. Much of this suspicion emerged with the rise of professional history a century ago, with its disciplinary focus on context, causality, and change over time.