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18 Jan 2018, 8:47 am
Moreover, the Article demonstrates the shortcomings of the current strongly held consensus that the focus of regulatory governance must be grounded in and through a formally constituted enterprise, the SOE, rather than focusing regulation on economic activity irrespective of the form in which it is undertaken. [read post]
14 Sep 2020, 6:45 am by Guest Blogger
For instance, the unprecedented concentration of policy making authority at the center has abetted the rise of a permanent and well-endowed class of intense policy demanders who have no apparent interest in consensus and who pull at the administrative state from the right and the left. [read post]
19 Sep 2010, 7:15 pm
Furthermore, the Seller had retained all rights to collect its account receivables.The Court affirmed that lower court’s summary judgment in favor of the Seller because there was no evidence of any misrepresentation or concealment by the Seller.The full opinion is available in PDF. [read post]
22 Jul 2021, 12:56 pm by Joseph D. Kearney
In other words, via the magic word “property,” a state-law standing rule was transmogrified into a federal constitutional right. [read post]
23 May 2023, 4:00 am by Catherine Morris
The Constitution also upholds international human rights law, including the right to freedom of thought, expression, and assembly. [read post]
22 Nov 2016, 11:25 am by Kimberly Carlson
Politicians and judges in Argentina must incorporate better transparency measures and oversight mechanisms into their legislation in order to avoid any future abuses of power, internal corruption, and human rights violations on their people. 1. [read post]
13 Jun 2013, 6:41 am by Jonathan Hafetz
It is unnecessary to determine that AUMF confinement formally constitutes punishment—thus triggering the panoply of criminal trial rights—to acknowledge that criminal sentencing can inform the design and operation of a detention review system conducted pursuant to law-of-war principles. [read post]
23 May 2011, 11:18 am by Joel R. Brandes
The parties also stipulated, that they each retain their own pension rights as separate property. [read post]
6 Dec 2017, 7:00 am by Jenny Gesley
Constitutional Provisions on Church-State Relationship Article 140 of the German Basic Law incorporates articles 136-139 and article 141 of the former Weimar Constitution (WRV) on religion and religious societies into the Basic Law. [read post]
21 May 2015, 12:22 pm by Rahul Bhagnari
Did she have a right to have a video at the center of a roiling public policy debate erased from the historical record? [read post]
10 May 2014, 1:37 pm
Yet, despite the polycentricity at the heart of the GPs (its recognition of multiple intersecting but autonomous behavior shaping regimes), the state (and its domestic legal orders) remains at the center of human rights systems. [read post]
1 Jul 2013, 1:55 pm by Rahul Bhagnari, ACLU
This study led to recommendations in 2012, which were incorporated into the legislation passed and signed in 2013. [read post]
17 Sep 2013, 7:56 pm
Some states created mechanisms for the automatic incorporation of their inte4rnationa law obligations within their domestic legal orders. [read post]
28 Jul 2016, 9:25 am by christinacerna
  He was seeking the post of Executive Secretary, at a time when the OAS and the Commission are experiencing their greatest crisis, because: “In recent decades, the IACHR and the Inter-American Court of Human Rights have had an essential impact in the incorporation of human rights treaties by national juridical systems, in the insertion of our countries in the international systems of human rights, in the application of the international juridical… [read post]
10 Sep 2014, 8:35 am
  Second, centers on the content of those norms, an area within which there remains substantial divergence among the community of nations and between them and global human rights stakeholder communities. [read post]
14 Sep 2019, 6:35 pm
The principal alternative model, Communism, is dead, and political leaders who used to wave the banner of "socialism" to justify authoritarian repression and human rights violations are silenced. [read post]
31 Jul 2023, 9:19 am by Daniel Mach
Indeed, the mere notion of a religious public school is a constitutional oxymoron. [read post]
17 Sep 2017, 9:58 am by Nora Ellingsen
First, the plaintiffs argued, the Justice Department and the FBI violated their constitutional rights of association, expression and due process under the First and Fifth Amendments, respectively. [read post]