Common Ground with an Uncommonly Good Man: A Tribute to Judge Laurence H....
Common Ground with an Uncommonly Good Man: A Tribute to Judge Laurence H. Silberman Rachel Barkow* The passing of an influential, high-ranking government figure typically brings assessments of their...
View ArticleBaloney, Fortuity, and Character – Paul Clement
Baloney, Fortuity, and Character Paul Clement* In May 2017, I had the opportunity to interview Judge Silberman for an oral history project being assembled by NYU’s Institute of Judicial Administration....
View ArticleJudge Laurence H. Silberman Symposium Essay – Viet Dinh
Judge Laurence H. Silberman Symposium Essay Viet Dinh* “I wanted to be a lawyer from the time I was six years old.”[1] So was launched the career of Laurence H. Silberman, who served faithfully as a...
View ArticleJudge Silberman, Party Presentation, and the Non-Court Court – Judge Eric D....
Judge Silberman, Party Presentation, and the Non-Court Court Eric D. Miller* Judge Laurence H. Silberman leaves an extraordinary legacy of public service and contributions to American law, marked most...
View ArticleTwo Lessons From Judge Silberman – David E. Nahmias
Two Lessons From Judge Silberman David E. Nahmias* Judge Silberman was for a year my boss and for decades thereafter my mentor and friend. Like so many of his former law clerks, I rarely made a...
View ArticleJudge Silberman and International Law: A Unified Approach – John Yoo
Judge Silberman and International Law: A Unified Approach John Yoo* Judge Laurence Silberman loved ideas. He loved them because he thought most of the good ones were his. The bad ideas must have been...
View ArticleHon. Laurence H. Silberman Symposium: His Life and Legacy
JLPP: Per Curiam is proud to present the Hon. Laurence H. Silberman Symposium: His Life and Legacy on October 2, 2023 – the one year anniversary of his passing. The essays in this symposium, authored...
View ArticleInterim Final Rules and the APA: Some Rule of Law Problems – Thomas E. Nielsen
Interim Final Rules and the APA: Some Rule of Law Problems Thomas E. Nielsen* Introduction Almost a century ago in Crowell v. Benson,[1] Chief Justice Charles Evans Hughes highlighted the benefits of...
View ArticleJohn Bates, Johns Manville, The Boyscouts of America, and Johnson & Johnson –...
JOHN BATES, JOHNS MANVILLE, THE BOYSCOUTS OF AMERICA, AND JOHNSON & JOHNSON Lawrence A. Friedman* The convergence of two cases from half a century ago is allowing trial lawyer vultures to destroy...
View ArticleJustice Thomas Reconceptualizes Civil Rights Laws, and a Recovery of the...
Justice Thomas Reconceptualizes Civil Rights Laws, and a Recovery of the Original Meaning of the Fourteenth Amendment Is Long Overdue Frank J. Scaturro* The Supreme Court’s decision in Students for...
View ArticleIdeological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United...
Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court Derek T. Muller* Each term, the United States Supreme Court receives hundreds of amicus briefs filed in...
View ArticleOhio v. EPA Oral Argument and Standards of Review on the Emergency Docket –...
Ohio v. EPA Oral Argument and Standards of Review on the Emergency Docket Thomas Koenig* The Supreme Court held oral argument this morning in Ohio v. EPA. The oral argument offers some insights on the...
View ArticleBEYOND LAW? A SOCRATIC DIALOGUE INSPIRED BY BAUDE’S “BEYOND TEXTUALISM?” –...
Beyond Law? A Socratic Dialogue Inspired by Baude’s “Beyond Textualism?” Evan D. Bernick* On February 27, 2023, Will Baude delivered the annual Scalia Lecture at Harvard Law School.[1] “Beyond...
View ArticleBASIC RIGHTS AND INITIATIVE PETITION 23-07: ARE THE PREBORN “NATURAL PERSONS”...
Basic Rights and Initiative Petition 23-07: Are the Preborn “Natural Persons” Under the Florida Constitution? David H. Thompson* An initiative petition entitled “Amendment to Limit Government...
View ArticleTextualism and the Eighth Amendment – Judge Thomas M. Hardiman
Textualism and the Eighth Amendment Judge Thomas M. Hardiman* Thank you for the generous invitation to be part of the Laurence Silberman Distinguished Judicial Lecture Series. Judge Silberman was my...
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