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The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth

thinking and examining Justice Holmes’s understandings regarding the nature of truth, six of the cases in which the Court has most incorporated the word “truth” in regard to freedom-of-expression concerns The cases were identified by conducting a search in the WestlawNext database for all the cases dealing with the First Amendment and the word “truth.” The cases were ranked based on the number of times justices used the word “truth” in the case opinions. are analyzed using sociologist David Altheide’s method for qualitative document analysis with the goal of identifying

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Regulatory Coherence and Standardization Mechanisms in the Trans-Pacific Partnership

transform into deep, binding norms. There are six possible mechanisms for international standardization bodies (ISBs) to affect the nature of substantive norms under the TPP. The first four of the methods are endogenous to the TPP and last two are hybrids, originating in exogenous events at the WTO, but subsequently incorporated into the TPP. The mechanisms are: (1) direct domestic adoption, enforced by mutual recognition, of the certification procedures and decisions of ISBs, See, e.g ., TPP, supra note 3, art. 8.6 of ch. 8 (Technical Barriers to Trade). (2) the

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Posner’s Folly: The End of Legal Pragmatism and Coercion’s Clarity

to search garbage without a warrant, but rather took away the potential legal power of citizens to coerce police and prosecutors away from such searches by having any evidence thus obtained rendered useless, or by granting monetary compensation at the government’s expense, or by some other method. A will does not empower a testator to inform others of the desired disposition of his property—this could be done by a legally-informal document—but rather, as a specifically legal document, a will directs the coercive power of the state against those who might take the

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The Origins and Development of Judicial Recusal in Texas

nineteenth century Texas, the grounds for the removal of a judge from a case were pecuniary interest and consanguinity The degree of affinity to parties in a lawsuit. based on the Texas Constitution and the common law. The 1836 Constitution adopted by the Republic of Texas reflected the old English common law rule that the only basis for disqualification of a judge was direct pecuniary interest—that is, financial interest in the outcome of the case. John P. Frank Disqualification of Judges , 56 Y ALE L. J. 609–10 (1947). There is no evidence that judicial bias as a

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Strategic and Tactical Totalization in the Totalitarian Epoch

-making. II The Need for Perfectionist Pluralism in Law A Law as Exclusionary Reasons for Action Law in its broadest sense consists of authoritative settlements of practical inquiries for the purpose of directing the actions of agents who respond to reasons. Law can direct the choice and action of an individual as a reason for her action as she brings her choices and actions into line with determinate laws, understood as sources of obligation. H. L. A. H ART , THE C ONCEPT OF L AW 89-90 (2d ed. 1994). Law can also act normatively upon the deliberations and

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Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

This Article’s Structure and Method Part I of this Article examines the prior history of the British imperial postal system, the institution from which the American post office evolved. Part II examines the North American colonial branch of the imperial post, and Part III discusses the American system between Independence and the commencement of operations under the new Constitution. Part IV addresses the debates over the Postal Clause at the Constitutional Convention, and Part V addresses the ratification debates. Part VI contains my conclusions as to the original

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One of My Favorite Judges: Constitutional Interpretation, Democracy and Antonin Scalia

certain things in, say bicameralism or a federal division of powers or a set of rights that set a new floor level of treatment of citizens below which the legislature could not drop. So Scalia thought that statutes and the constitution ought both to be interpreted in the same way, using a method he called ‘textualism’ See , e . g . id. at 23. Scalia is clear that this does not mean strict constructionism ( id . at 23), that ‘context is everything’ ( id . at 37) and that what we seek to find is ‘how the text of the Constitution was originally understood’ ( id . at 38

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Scalia’s Legacy: Originalism and Change in the Law of Standing

I Introduction Among the many distinctive features of his jurisprudence, Justice Scalia conducted an ongoing seminar on interpretive method, both in the law review articles he wrote, see note 2 infra, and in his numerous public appearances. For a useful assessment of Justice Scalia’s role in the development of originalist precepts, see Thomas B. Colby & Peter J. Smith, Living Originalism , 59 Duke L.J. 239, 248-49 (2009) (describing Justice Scalia as a leading proponent of the change from original intent to original meaning as the touchstone of originalist

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The Original Public Meaning of Amendment in the Origination Clause Versus the Patient Protection and Affordable Care Act

or another tax(es) in PPACA did not comply with the original public meaning of a bill for raising revenue, then according to my originalist method the Origination Clause would not apply to PPACA. If the Service Members bill did not comply with that meaning of a bill for raising revenue and the individual mandate or another tax(es) in PPACA did comply therewith, then according to my originalist method it would be impossible to argue that PPACA was the continuation of a House bill for raising revenue. It would be evident that PPACA represented a new bill for raising

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The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism

. A review of the official White House search engine finds, for example, no administration reference to “judicial activism” or “legislating from the bench,” two charges that were popular under recent prior Republican administrations. More systematically, if we look at the President’s favored communication method, Twitter, we find relatively infrequent references to courts and judges, and, particularly if we exclude tweets targeting the travel ban rulings, a mix of positive and negative statements. Table 2 summarizes the President’s tweets over his first sixty

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