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8 Dec 2022, 6:06 am by Chile Eboe-Osuji
“It can no longer be doubted that as a matter of general customary international law a head of state will personally be liable to be called to account if there is sufficient evidence that he authorised or perpetrated such serious international crimes. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
 A mysterious doctrine, alienating to the hundreds of millions of people whose lives these decisions affect and inscrutable to all but a few elect who can divine the Court’s cryptic utterances. [read post]
1 Dec 2022, 6:30 am by Guest Blogger
A form of constitutional reasoning that’s hostile to empirical knowledge, consequence, or descriptive fact. [read post]
3 Nov 2022, 7:48 am by Eric Segall
We lack both the methodological and substantive knowledge that historians possess. [read post]
16 Oct 2022, 9:05 pm by Robert S. Adler
In short, markets are flawed human institutions—despite occasional fantasies that they are divinely ordained. [read post]
12 Oct 2022, 9:53 am
  Claire Methven O’Brien and I are delighted to announce the commencement of a new project:  The current state and future trajectories of human rights due diligence laws. [read post]
23 Sep 2022, 8:07 am by Eugene Volokh
Careful analysis of a statute to divine legislative intent can sometimes yield results that might seem surprising at first blush. [read post]
21 Sep 2022, 4:18 pm
Careful analysis of a statute to divine legislative intent can sometimes yield results that might seem surprising at first blush. [read post]
5 Aug 2022, 6:30 am by Guest Blogger
The reason for his claim, which he had to know was wrong the day he made it in 1787, is precisely that he feared that perhaps Montesquieu was right, that a “republican form of government” could be maintained only in a relatively homogeneous society, and the most perfunctory knowledge of European history in the 17th and 18th centuries might well lead one to the belief that religious diversity (or diversification) was a recipe for endless warfare. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
” It is, you might say, not a royal, but rather, a liberal statist we—the we who identify with the secular state (even if we are critical of it)[8] and rely on secular sources of knowledge. [read post]
3 Aug 2022, 7:00 pm
  Unless it is possible to personalize events, the events themselves remain incomprehensible, Perhaps that s why people still tend to envision the divine in their own image.Perhaps that is why the constant need for the personification of great institutional or cultural movements remains appealing. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
8 Jul 2022, 5:34 am by jonathanturley
However, he left the group in 2018 and said that he had no knowledge of such praying sessions. [read post]
6 Jul 2022, 6:56 pm
” In their own ways each tries to center the way that knowledge is organized and rationalized through systems of interpreting, understanding and giving meaning to the world around us (Jacques Lacan, Écrits: A Selection (Routledge, 1997) p. 21; Jean-Paul Sartre, The Imaginary: A Phenomenological Psychology of the Imagination (Routledge, 2010 (original 1940), pp. 57-94). [read post]
5 Jul 2022, 8:01 am by Eugene Volokh
U.S. (1951): It is true that there is no divining rod by which we may locate "advocacy" [which Justice Frankfurter thought could be punished in this case, involving a ban on conspiring to advocate violent overthrow of the government]. [read post]
3 Jul 2022, 7:15 am by Jae Um
I write this in the difficult knowledge that many will disagree with what I say here. [read post]
22 Jun 2022, 6:30 am by Guest Blogger
·        What is the source of these constraints—the text, rules, authorial intention, the moral foundation of the law, the structure and conventions of practice, divinely revealed truths? [read post]
20 Jun 2022, 7:30 am by Guest Blogger
As Levinson notes, there are, of course, important factors to consider as to the degree of time and attention to be allocated to other disciplines, but these practical questions do not undermine the underlying appreciation for the potential contributions of these fields to the effective interpretation and administration of the law.[12] Here too, Jewish legal intellectual history may provide a helpful analogue, demonstrating the salience of Levinson's observations, as applied to a legal system… [read post]
15 Jun 2022, 4:00 am by Administrator
In essence, the appellants purport to rely on this misplaced trust to establish earlier knowledge of a potential claim. [25] In Ferrara v. [read post]