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29 Mar 2024, 7:28 pm
  True enough, the transformation of international law from contract to constituting instrument (that is from treaties memorializing norms and a duty to transpose them into domestic legal orders to treaties that constitute an institutional apparatus onto which certain authority is delegated; the classic version of which might be José Alvarez's International Organizations as Law Makers (OUP, 2006)  proceeds apace. [read post]
24 Jan 2020, 8:56 am by Kate Fort
Quarterman) from the granting of en banc review to the opinion to 10 months (Alvarez v. [read post]
4 Jun 2017, 7:51 pm
--> (Ancient Automobile Trinidad, Cuba 2015 Pix © Larry Catá Backer 2016)I am pleased to let those interested know that I have posted a draft of my essay, "The Human Rights Obligations of State Owned Enterprises (SOEs): Emerging Conceptual Structures and Principles in National and International Law and Policy. [read post]
9 Apr 2017, 8:35 am
”1 The constitution of the state is often memorialized through documents or understanding of higher law that serves as a barrier between the state and others and between the higher order commands of that order and everything else that might constitute rules of behavior or authority to command. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
31 Aug 2015, 10:50 am
Justice Scalia himself wrote, in Mistretta, that: a certain degree of discretion, and thus of lawmaking, inheres in most . . . judicial action, and it is up to Congress, by the relative specificity or generality of its statutory commands, to determine—up to a point—how small or how large that degree shall be. [read post]
29 May 2015, 5:57 am
I hadn't heard from him since that event, but some of our comrades gave the command and that's why Jerad and Amanda Miller killed those cops in Las Vegas. [read post]
31 Jan 2015, 8:24 pm
  The right wing of this debate is populated with statists--those academics still deeply invested in the Westphalian system, and its elaboration of a system founded on the distinction between legitimate systems of command (law produced by or through states) and everything else. [read post]
29 Jul 2012, 11:05 pm by The Charge
 Such, in my opinion, is the command of the Constitution. [read post]