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17 Apr 2017, 1:26 pm
(Pix © Larry Catá Backer 2017)I have just posted a preliminary draft of an article that is currently entitled The Corporate Social Responsibilities of Financial Institutions for the Conduct of their Borrowers: The View from International Law and Standards. [read post]
17 Jul 2023, 8:20 am
Another was a bit more frank, staying that if you didn't go to Yale, Harvard, or Stanford, you shouldn't put constitutional law at the top of the list--it's simply to heady of a subject. [read post]
14 Jan 2023, 6:30 am
According to Larry Solum, whose account accords with my memory, its first use was by Richard Epstein.[2] It's not clear to me that even in the physical sciences it takes a Theory to beat a Theory.[3]Without trying to borrow trouble by “relying on” authorities in other fields, I think that one version of the current view is that theory-change occurs in the physical sciences through a combination of the identification of anomalies that the Theory in question has trouble… [read post]
3 Dec 2021, 8:19 am
It was my great delight to be able to present a paper, The Algorithmic Law of Business and Human Rights: Constructing a Private Transnational Law of Ratings, Social Credit, and Accountability Measures authored together with Matthew McQuilla (Penn State SIA MIA 2021) at the Algorithmic Law and Society Symposium 2 December 2021.The paper suggests the consequences of the iconoclasm of emerging principles of algorithmic governance--the move from law as an exogenous force to a system of… [read post]
14 Sep 2019, 6:35 pm
(Pix © Larry Catá Backer 2017)Flora Sapio and I are delighted to share with those interested the draft of our essay, Popular Consultation and Referendum in the Making of Contemporary Cuban Socialist Democracy Practice and Constitutional Theory. [read post]
11 Feb 2010, 7:12 am
February 11, 2010Dear Colleagues: To prepare for a television show with Erin Arvedlund on the SEC Inspector General’s 457 page Report on the SEC’s malfeasance in the Madoff matter, I have identified what I think the most important excerpts from the Report. [read post]
5 Aug 2017, 11:50 am
Mahmoud v De Moss Owners Ass'n Inc., No. 15-20618 (5th Cir. [read post]
2 Feb 2010, 11:25 am
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
2 Feb 2010, 11:25 am
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
20 Sep 2019, 3:00 am
Trump Outpaces Obama, Bush in Naming Ex-Lobbyists to Cabinet AP News – Richard Lardner | Published: 9/17/2019 In less than three years, President Trump has named more former lobbyists to Cabinet-level posts than his most recent predecessors did in eight, putting a substantial amount of oversight in the hands of people with ties to the industries they are regulating. [read post]
22 Apr 2024, 5:00 am
Many state and local officials host social media sites and use them to converse with followers on matters related to their governmental responsibilities, among other things.[1] Not surprisingly, many choose to block from their sites certain members of the public they find disagreeable.[2] Being disagreeable, or at least in disagreement with such actions, blocked followers sometimes sue alleging that their exclusion violates the First Amendment.[3] One of the most notable examples was a… [read post]
2 Oct 2008, 7:43 pm
” But Moore was taking part in a debate on hostile takeovers that extended well beyond case law; his statement that the board was not “a passive instrumentality” responded to an article by Frank Easterbrook and Daniel Fischel, two influential Chicago School academics who have argued that the boards of target companies should do nothing to stop hostile bids, Strine notes. [read post]
6 May 2011, 9:35 am
Last week I discussed how documentaries teach us to use different types of media to keep the jury’s attention. [read post]
13 Apr 2024, 3:33 pm
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
7 May 2010, 10:00 pm
“Richard Posner, the Judge,” Harvard Law Review. [read post]
6 May 2011, 9:35 am
Last week I discussed how documentaries teach us to use different types of media to keep the jury’s attention. [read post]
3 Sep 2013, 1:38 am
Every fall, I take a step back and survey the most important current trends and developments in the world of Directors’ and Officers’ liability and D&O insurance. [read post]
30 Jun 2015, 4:13 am
Richard Craswell’s work on this is excellent. [read post]
9 Mar 2020, 1:21 pm
FDA Licensure Process and U.S. [read post]
28 Jan 2019, 8:18 pm
A good analysis was recently posted by attorneys at Fried Frank Harris Shriver & Jacobson LLP (Court of Chancery Grants the Books and Records Demand of a Director Whose Ties With the Company Were Severed by the Board After His Allegedly Offensive Conduct—Schnatter v. [read post]