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28 Apr 2012, 2:58 pm by Mark Tushnet
Institutional normative scholarship asks an institutional question: In light of the obvious reasonable disagreements people have about the specification of an agreed-upon normative principle -- that is, disagreements about how that principle comes to bear on specific problems --, what reasons are there for preferring the author's specification over the legislature's, or, because authors hope that courts will accept their proposed specification, what reasons… [read post]
20 Jun 2011, 8:45 am by Rick Hasen
Though Toni and I disagree on the normative question whether foreign nationals should be allowed to spend in U.S. elections, Toni and I agree that the Court would likely uphold such restrictions if and when the issue comes before it. [read post]
25 May 2016, 4:00 am by Shawn Kolitch
An open and rapid-fire exchange of information has become the norm in our digital age. [read post]
12 Aug 2016, 9:48 am by Bruce Provda
Texting has become the norm for many kids to communicate with each other. [read post]
19 Apr 2009, 8:42 pm
Senate seat will come before a Minnesota Supreme Court that seems built to his advantage: Five of the seven justices were put there by Republican governors. [read post]
16 May 2018, 9:30 am by Karen Tani
From JOTWELL's Legal History section comes an admiring review of K. [read post]
22 May 2007, 5:04 pm
My very dear colleague Judith Rauhofer will be tackling the privacy "dark side" of Web 2.0 at my upcoming workshop in September (website coming soon.) [read post]
16 Sep 2008, 2:22 pm
The intuition behind such an inference is that, if those future humans do not exist now, then they'd have no interest in coming to be. [read post]
22 Jul 2019, 3:58 pm by Sabrina I. Pacifici
While declining summer employment is part of the story, the bulk of the teenage reduction in labor force participation comes from fewer teenagers being jointly enrolled in school and participating in the labor force during the academic year. [read post]
11 Aug 2007, 3:00 pm
But in a highly individualistic (and exposure-driven) culture, can that norm survive? [read post]
4 May 2008, 12:54 am
In plant patents, courts initially required evidence that a cutting had come from a particular plant. [read post]
31 Jan 2019, 7:05 pm by Tom Smith
Figure Skating Championships in Detroit, Manta and Johnson will challenge the norms that have long governed the sport. [read post]
22 Dec 2007, 9:56 am
But where does their authority over us come from? [read post]
17 May 2016, 12:57 pm
And it is necessary at the borderlands of cultural variation that can incite substantial violence (see, e.g., here) when they come into conflict in the actions of its otherwise tolerated (indeed celebrated) variation (see, e.g., here, here. here, and here). [read post]
1 Sep 2010, 5:00 am by Anastasia
Maybe instead of waiting for people to call me, I should come up with events and call them! [read post]
26 May 2007, 9:21 am
Instead, much of the most exciting - and controversial and provocative - work in international law theory, at least, will come in the suggested as an alternative Z axis, above - in the form of social theory, on the one hand, and concrete sociology, on the other. [read post]
18 Apr 2018, 4:00 am by Susan Landau
The Russians are coming. [read post]
9 Jun 2009, 4:51 pm
Kent Greenfield, our first speaker, urged  young progressive corporate scholars to "come out of the closet. [read post]