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19 Jan 2021, 1:18 pm
As the court has long recognized, public employment comes with some restrictions on “the exercise of constitutional rights. [read post]
19 Jan 2021, 10:43 am
In recent days, several scholars and lawmakers have suggested that Section 3 of the 14th Amendment might be used to bar Donald Trump and some of his allies from ever holding federal or state office again. [read post]
19 Jan 2021, 6:30 am
This task required that we distinguish the characteristics of a constitutional revolution from the features commonly associated with the revolutions that come more readily to mind when we think of this phenomenon’s generic exemplar. [read post]
18 Jan 2021, 1:45 pm
The Inauguration Day snub of the Biden's comes on the heels of a series of broken norms and childish behavior that comes directly from the President of the United States, who has been vocal about his disinterest in preserving any semblance of decency towards the man who will succeed him. [read post]
18 Jan 2021, 7:08 am
The Trump administration has altered the traditional norms for former military officers. [read post]
18 Jan 2021, 6:30 am
This “separation” has come about at least in part not because the Americans have radical new demands on George III, but rather because they have been denied the long-standing, traditional rights of Englishmen. [read post]
18 Jan 2021, 2:00 am
Here come the challenges and the benefits. [read post]
15 Jan 2021, 3:58 am
They come to the factory with the opposite interpretation. [read post]
14 Jan 2021, 8:30 pm
Trump Says He Won’t Attend Biden’s Inauguration Politico – Quint Forgey | Published: 1/8/2021 President Trump announced he will not attend President-elect Joe Biden’s inauguration, shattering another norm of the American presidency on what will be his final day in office. [read post]
14 Jan 2021, 8:01 am
They come in the midst of a presidential transition and open the possibility that the incoming administration will feel pressure to heed these calls. [read post]
13 Jan 2021, 9:01 pm
Domestic and international law tell us what is legally permissible, but once those limits are established, we still must decide as a normative matter how to move forward in light of recent events. [read post]
12 Jan 2021, 3:56 pm
Better clients will come along. [read post]
12 Jan 2021, 11:01 am
PDF Version A review of Saikrishna Bangalore Prakash's "The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers" (Harvard University Press 2020) *** Saikrishna Prakash, the James Monroe Distinguished Professor of Law at the University of Virginia, has written a terrific book. [read post]
12 Jan 2021, 10:14 am
Law may also come into effect through judicial decision-making, as in the common law rather than codified law, although this is of less interest in the context of this post. [read post]
11 Jan 2021, 4:00 pm
Just as law and custom developed a norm that we might sue a publisher for defamation, but not the owner of the building the publisher occupies, we are slowly developing norms about responsibility for content online. [read post]
11 Jan 2021, 1:31 pm
It requires a vocabulary that shifts the emphasis of discourse (and thus the way that terms are understood and applied as policy and rules and norms) from the language and vocabularies of human rights (of the individual) to that of development (of society and collective institutions). [read post]
11 Jan 2021, 10:47 am
Their public position imbues their speech with more influence than the average citizen — as the saying goes, with great power comes great responsibility. [read post]
11 Jan 2021, 8:17 am
” Thomas further questioned Katyal on a universal norm against slavery, to which Katyal contended that the claim hinged not on a norm against child slavery but, rather, on a norm against aiding and abetting child slavery. [read post]
11 Jan 2021, 7:30 am
More than ever, it is a time to come together as international law scholars and practitioners, and to challenge ourselves to imagine a new way forward. [read post]
11 Jan 2021, 2:00 am
With any change comes challenges but also opportunities. [read post]
