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11 Jan 2024, 2:58 pm by Guest Author
  Social media laws like HB20 are easily distinguished from those struck down on First Amendment grounds in Tornillo and its progeny. [read post]
28 Nov 2023, 7:27 am by Sasha Volokh
Congress passes a Goodness and Niceness Act, where section 1 outlaws transactions not promoting goodness and niceness, and section 2 lets the Commission promulgate regulations defining the content of the statute. [read post]
21 Aug 2023, 6:05 am by Patryk I. Labuda
Last month, the International Center for the Prosecution of the Crime of Aggression (ICPA) against Ukraine opened its doors in The Hague. [read post]
20 Apr 2023, 7:59 am by James Segroves
The practical answer likely depends on the nature of the specific overpayment determination at issue and the grounds upon which the MA organization wishes to challenge that determination. [read post]
23 Aug 2022, 5:53 am by James A. Goldston
Yes, legal backing and judicial enforcement give rights tangible force. [read post]
17 May 2022, 3:38 am by Jan von Hein
The following comments first recall the role of restatements in American law. [read post]
18 Nov 2021, 8:03 am by Michael Stern
If so, however, judicial review of the committee’s authority should be extremely deferential. [read post]
8 Nov 2021, 11:44 am by Aziz Huq, Tom Ginsburg, David Landau
Ex post judicial review is often, but not always, available for impeachment. [read post]
12 Feb 2021, 11:53 am by Philip Bobbitt
Does it also place “no necessary restriction” on the grounds for impeachment? [read post]
23 Dec 2019, 1:19 pm by David Kris
With a few more days to read the inspector general’s Crossfire Hurricane report and watch the C-SPAN video of his congressional testimony (and listen to the no-bull version on Lawfare), I have five additional observations beyond those set out in a series of tweets on the day the report was released, discussions on the Lawfare podcast the following day, and conversations with NPR, the New York Times, and the Wall Street Journal. [read post]
3 Dec 2019, 4:16 am by Marty Lederman
”  In late July, Sirica ordered Nixon to provide the tapes to the court so that he (Judge Sirica) could determine which, if any, of them Nixon could withhold from the grand jury on grounds of executive privilege. [read post]
27 May 2019, 1:37 am by Grégoire Desrousseaux
This text will enter into force one year after the promulgation of the law, i.e. in June 2020 if promulgation takes place as planned in June 2019. [read post]
16 Sep 2018, 8:06 am
(Pix credit here: With eye on China, EU parliament pushes tougher line on investments)Europe appears to be faced, again, with the hard task of balancing its relations among frenemies while retaining its wealth. [read post]
3 Jul 2018, 5:02 am by Josh Blackman
Specifically, Justice Kennedy writes that this may be a case wherein the president has “discretion free from judicial scrutiny. [read post]
9 Apr 2015, 3:52 pm
  These treaties, now creating an effectively coherent web of global regulation with its own substantive normative structures, is grounded on principles of legal internationalization, legal stabilization, guarantees, and autonomous institutions of dispute resolution, by their very nature  (and with the consent of the state parties) constrain the unimpeded authority of the state to exercise an unrestrained sovereignty, and frame the way that domestic legal orders are applied… [read post]
8 Feb 2015, 7:52 pm by Dennis Crouch
  This argument could have been converted from a weak argument to a very strong one, by grounding it in the administrative law. [read post]
5 Aug 2014, 6:51 pm
The Secretary-General recalled that the panel’s discussions were based on the premise that space for civil society was a reflection of an entire society’s respect for human rights within its own borders and around the globe. [read post]
10 Oct 2013, 6:04 pm by John Elwood
Serial time-wasters will recall that, before skipping town in June, the Justices gave us an unusual final OT2012 relist:  Octane Fitness v. [read post]