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17 Nov 2022, 6:30 am by Guest Blogger
Alas, no one seems to have listened: (1) certainly not the liberals and progressives who have been embarrassed about rather than proud of substantive due process all these years, and (2) least of all Justice Alito in Dobbs, who wants to “own the libs” by quoting Ely’s article as Exhibit A in support of his assertion that Roe had repeated the “egregious” errors of Lochner. [read post]
30 Oct 2022, 10:01 am by jonathanturley
That still does not negate the negligence — both direct and vicarious liability. [read post]
28 Oct 2022, 4:00 am by Michael C. Dorf
For example, Article I, Section 10, forbids states from entering into treaties, but it would be foolish in the extreme to use the fact that the Senate has from the early days of the Republic approved of treaties to try to show that the Article I, Section 10 language should be disregarded. [read post]
27 Oct 2022, 4:48 pm by David Friedman
While ";libertarian" can still mean a left anarchist, “left libertarian” usually means a libertarian in the newer sense who supports ideas or policies identified with the left. [read post]
23 Oct 2022, 7:37 pm by Bill Henderson
John Schmid, “Whyte Hirschboeck names Eberle chief executive,” Milwaukee Journal Sentinal, Oct 14, 2009. [read post]
23 Oct 2022, 6:43 pm
Two sub-questions follow: (1) how does that embedding shape the character of social credit ‘as’ or ‘in’ the cage of regulation through which the rule of law structures of Chinese constitutionalism are ordered; and (2) in what ways does the implementation of social credit through platforms change or displace traditional forms of the administration of law. [read post]
3 Oct 2022, 12:04 pm by admin
The first is that the gatekeeping role does not sit well with many judges. [read post]
29 Sep 2022, 6:29 am by Ryan Goodman
Bolton, in an interview, mentioned a letter that Trump had gotten from the North Korean leader and said that ‘John Kelly took it from him and we put it back in the right place. [read post]
17 Sep 2022, 1:26 pm
Two sub-questions follow: (1) how does that embedding shape the character of social credit ‘as’ or ‘in’ the cage of regulation through which the rule of law structures of Chinese constitutionalism are ordered; and (2) in what ways does the implementation of social credit through platforms change or displace traditional forms of the administration of law. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  As in most families, though, closeness does not mean identity, and Mark and I have been debating many of the issues raised by this gathering for many of years. [read post]
9 Sep 2022, 10:52 am by Eugene Volokh
It contains 14 counts, names 31 defendants, 10 "John Does" described as fictitious and unknown persons, and 10 "ABC Corporations" identified as fictitious and unknown entities. [read post]
2 Sep 2022, 12:30 am by David Pocklington
In re St John the Baptist, Penshurst The judgment In re St John the Baptist, Penshurst [2015] Court of Arches relates to the relocation of a chancel screen to another church within the same diocese, and is reviewed in our post, here. [read post]
1 Sep 2022, 5:01 am by Eugene Volokh
And instances of such shaming also serve as "teaching moments" for reminding community members about these norms.[3] Someone suing as a John Doe (to give a pseudonymous litigation example) now claims that he's a member of our community, which condemns interest-bearing lending; and because of that he wants to sue pseudonymously over such a loan, so that we, his fellow community members, don't learn about his conduct. [read post]
28 Aug 2022, 9:01 pm by Vikram David Amar
And who better as a practice audience than your classmates, who are going through the same set of experiences, and who are going to make the same or similar mistakes in learning this new culture? [read post]
21 Aug 2022, 5:06 am by Bernard Bell
  Dick Clark avoided having to admit to accepting payola (and no “guilt” was ever established), thus escaping the scandal largely unscathed, and the rest is history.[10] In any event, the first response was from the Attorney General of the United States, who prepared for the President of the United States, a 71-page report on the broadcast scandals and what the FCC and the Federal Trade Commission could do to address them. [read post]