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6 Sep 2019, 11:43 am
The CSC system, then, does not displace the power of law, rules, norms, and the like to describe behavior expectations, but it transforms implementation by disconnecting the specific misconduct with a related punishment. [read post]
17 Jul 2007, 5:04 pm
This "plenary power" position can both hurt and help the "have nots" in disputes with and within their organizations by promoting efficiency and providing therapeutic "ventilating" functions (and citizenship norms), but possibly restricting the "have nots" access to rights they might get under the public law system. [read post]
3 Jun 2010, 3:43 am by SHG
Then comes a puzzlement from a surprising source, Norm Pattis. [read post]
16 Nov 2016, 9:01 pm by Neil H. Buchanan
  If someone comes along and says that he will now play by different rules, where is it written that he is wrong? [read post]
29 Mar 2022, 3:56 am by Will Baude
Other difficulties come up in the context of standing and other threshold questions. [read post]
30 Aug 2023, 5:55 am by Patrick C. Toomey
This should be an easy path to preserving the purported value of the Section 702 program when it comes to surveilling foreign adversaries. [read post]
2 Dec 2017, 9:34 am by Gregory Forman
Frustrated spouses come to me looking for a divorce but what they are really searching for is to feel peaceful again. [read post]
18 Sep 2008, 1:10 am
Of course Agamben's vision of the exception is one in which legal norms are suspended. [read post]
8 Jun 2013, 8:58 am by Paul Horwitz
But given general norms in the legal academy, the advice seems reasonable. [read post]
28 Sep 2018, 8:08 am by Merle Maigre
The next step after the public attribution would be to come up with a response. [read post]
2 Dec 2016, 4:30 am by William Fenrick
Chapter 7, “Counterinsurgency and Converging Norms,” discusses the continuing military relevance of counterinsurgency operations. [read post]
12 Dec 2016, 6:51 am by Elena Chachko
At the moment, there is little reason to believe that Mandelblit will reverse course when the time comes and agree to defend the law. [read post]
28 Nov 2017, 5:39 am by Richard Primus
  Within the second way of thinking—where hardball is an attempt to avoid the intolerable—the idea is that the status quo isn’t worth preserving, so there’s no point in preserving existing norms. [read post]
24 Jan 2023, 2:34 pm
At the same time, these analytics also expose the normative constraints within which the acceptable possibilities are defined and manifested, as well as the architecture and decision making cage within which the President will be nudged to choose. [read post]
2 Oct 2020, 6:46 pm
And with that, as well, the Working Group has contributed to the embrace of data driven governance, of the normative power of ratings based administration, applicable now to enterprises, and perhaps in the future to states as well. [read post]
25 Nov 2013, 7:24 am
Those unique features, we have come to understand from the founders' generation, touch on the differences in function between statutes, regulations and constitutional provisions. [read post]