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Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Friday, November 22, 2024

Two Birds and Reader-Based Originalism

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Speaker intent governs speaker meaning. Hearer meaning doesn't. Thus legislative intent controls, not contemporaneous reader meaning (ev...
Friday, August 2, 2024

Very Nice Little Post on Lawyers & Poets

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                                                                        From "Lawyer Poets"                                       ...
Saturday, February 23, 2019

Fantastic Cognitive Emotion & the Law Symposium Held at Wake Law 2/22/19

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Many thanks to the thoughtful speakers and Wake Law Review students who made possible this engaging February 22, 2019 symposium on the insep...
Wednesday, February 7, 2018

Addition to "Strings of Thought" (2/7/18)

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2/7/18 A legislative bill or other proposal isn’t simply a string of words on a page. Instead, a legislative bill or other proposal involve...
Thursday, December 21, 2017

The Inherent Inseparability of Doctrine & Skills

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A quick screen shot of my brief bit in Linda Edwards' fantastic new book The Doctrine Skills Divide: Legal Education's Self-Inflic...
Saturday, September 9, 2017

Speaker Meaning and the Interpretation and Construction of Executive Orders

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Here is an abstract of my latest article posted on SSRN : ABSTRACT: This Article explores the interpretation and construction of execu...
Thursday, April 27, 2017

Shakespeare and Legal Positivism

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            Despite his limited formal education, Shakespeare’s works display a great deal of legal knowledge. [1]   As a part of Shak...
1 comment:
Sunday, March 5, 2017

Gorsuch and Originalism: Some Critiques from Logic, Scripture, and Art

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(This blog combines, expands, and end-notes two prior blogs)
Monday, February 27, 2017

Neil Gorsuch? Originalism and the Ten Commandments

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Current Supreme Court nominee Neil Gorsuch claims that judges should “apply the law as it is, focusing backward, not forward, and lookin...
Wednesday, February 15, 2017

Parsing Babble in North Carolina's HB-2 and Calling Out the Need for Immediate Repeal

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Read here my parsing of ambiguous bathroom provisions in North Carolina's HB-2 and the immediate need to repeal the flawed statute i...
Tuesday, January 31, 2017

Originalism and the Fall of Icarus

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Well, here we go again. With Neil Gorsuch as the current Supreme Court nominee, once more we hear praises of “originalism” as a judic...
1 comment:
Saturday, December 10, 2016

Wake Forest Law Review Publishes "Revisiting Langdell: Legal Education Reform & The Lawyer's Craft"

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The Wake Forest Law Review has published its 2015 Legal Education Reform Symposium volume entitled Revisiting Langdell: Legal Education...
Friday, November 18, 2016

Pat McCrory Should Think Twice Before Trying To Pack The North Carolina Supreme Court

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In this month’s North Carolina Supreme Court elections, Democrat Michael Morgan soundly defeated Republican Robert Edmunds thereby shi...
Wednesday, August 3, 2016

Cognitive Emotion and the Law

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Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method ...
Friday, July 29, 2016

Fourth Circuit Strikes Down Discriminatory Provisions of Gov. Pat McCrory's North Carolina Voter Suppression Law

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The Fourth Circuit Court of Appeals has struck down provisions of Gov. Pat McCrory’s “omnibus” election law requiring photo identific...
Wednesday, June 15, 2016

How the "Ten" Commandments Refute Originalism & Fundamentalism (With Some Help From Herod, Caiaphas & Ahab's Additions to "The Apology Box")

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Conservatives often like to claim that texts speak for themselves.  A review of the Ten  Commandments is an easy way to see how such claim...

Judas & Pilate Defend Themselves (Additions to "The Apology Box")

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            Acrostic of Judas J ustice never punishes a deed U nless it's evil, willed, and freely done. D id I betray?  I did...