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28 Oct 2023, 3:24 pm
One such example of a complex relationship of private land and monuments was a sculpture built in Stone Mountain, Georgia on land owned by the United Daughters of the Confederacy.[6] The mountain on which the monument was carved into was owned by segregationist Marvin Griffin and depicted three confederate leaders, including Robert E. [read post]
25 Oct 2023, 5:57 pm
Winston Marquez-Morales: Security Negligence? [read post]
19 Oct 2023, 10:44 am
A pertinent question raised in Ntaganda was whether territorial control was a prerequisite to ordering the displacement of the civilian population as a war crime under article 8(2)(e)(viii) of the Rome Statute in the context of a non-international armed conflict. [read post]
18 Oct 2023, 1:52 pm
This is the sort of thinking that goes by the name of "polluter pays" in environmental contexts, "sin taxes" in morals-regulation contexts, and "Pigouvian taxes" in public-finance contexts. [read post]
17 Oct 2023, 5:15 am
“Combatants” include (1) members of a State’s armed forces; (2) members of military or volunteer corps; (3) participants in a levée en masse; and (4) commanders and fighters in non-state armed groups. [read post]
16 Oct 2023, 6:30 am
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Frank Michelman Warm thanks to good friends for these smart and attentive commentaries. [read post]
16 Oct 2023, 5:01 am
Some might argue, for instance, that the organizers of the NAACP Claiborne County boycott could be morally faulted for their actions. [read post]
13 Oct 2023, 6:30 am
The problem of political liberalism to which JBC may be an answer is ‘how is it possible….that there may exist over time a stable and just society of free and equal citizens profoundly divided by reasonable thought incompatible religious, philosophical and moral doctrines. [read post]
12 Oct 2023, 6:30 am
For a respectful interpreter, he says, the constitution “will be read against the backdrop of a political moral purpose—Dworkin’s lesson—that the judicial reader cannot simply find already in the text (because it indispensably informs the reading of the text) and so must of necessity bring to it. [read post]
11 Oct 2023, 8:00 am
These acts implicate multiple war crimes, including the prohibition on killing civilians or persons hors de combat (ICC Statute, articles 8(2)(c)(i), 8(2)(e)(i)), the taking of hostages (8(2)(c)(iii)), rape and other forms of sexual violence (8(2)(e)(vi)), torture (8(2)(c)(i)), and outrages upon personal dignity (8(2)(c)(ii)). [read post]
11 Oct 2023, 6:30 am
Despite their principled political and moral disagreements, members of the public “will have prevailing reason to accept and respect as law the legislative [and administrative] outputs of [the] political order in force” if and only if they are given “an assurance that those outputs issue in conformity to certain instructions of policy contained in [a publicly accessible and legible,] higher-normative constitution” (CE, 5 and cross-reference to 48, 164, and… [read post]
10 Oct 2023, 2:29 pm
Pix credit NY Times President Joe Biden on Tuesday denounced Hamas and stressed U.S. support for Israel as it mourns the killing of more than 1,000 people, including at least 14 Americans, from a surprise attack launched by the Palestinian militant group. [read post]
10 Oct 2023, 9:26 am
As a Red Notice does not constitute a conviction and does not prove that the individual committed any crime, it cannot be used to determine that someone is inadmissible for having committed a crime involving moral turpitude. [read post]
10 Oct 2023, 6:30 am
Given the pervasiveness of deep moral dissensus, is a defense of democratic-dualist legalism possible? [read post]
6 Oct 2023, 9:41 am
New York attempts to "substitut[e] its own editorial judgment" for that of social media platforms. [read post]
5 Oct 2023, 5:44 am
Indiana (1973) the Court held that because Hess's statement "[w]e'll take the f—ing street later" or "[w]e'll take the f–ing street again" at an antiwar demonstration was not directed to any person, it could not be incitement and was protected speech. [read post]
26 Sep 2023, 2:57 am
Matthew Mpoke Bigg and Andrew E. [read post]
22 Sep 2023, 7:14 am
The First Amendment generally protects all sorts of speech, whether about politics, science, morality, or the details of daily life. [read post]
21 Sep 2023, 7:20 am
Weiss & Ashley E. [read post]
14 Sep 2023, 6:51 am
Pix credit hereOne sign of the maturity of Chinese principles for global engagement, and its strategic projection into global space, is the vigor with its it is transmitted to foreigners in languages other than Chinese. [read post]
