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27 Mar 2008, 11:00 pm
They think it has to be a theory that tells judges-- "here's how to decide cases that come before you. [read post]
5 Oct 2021, 8:21 am
This assignment has already produced a brilliant exposition in furtherance of legal pluralism in the extra-national context almost fifteen years ago.[3] There, Paul Schiff Berman considered the rise of the self-styled New Haven School of International Law[4] and its focus on law as a social process of authoritative decision-making.[5] He argued that “Cover’s emphasis on norm-generating communities—rather than nation-states—and his celebration of … [read post]
19 Sep 2015, 5:06 am
Paragraph 12, we come to the second amplification of the CCP basic line--the four cardinal principles. [read post]
30 Sep 2018, 7:00 am
More practically, which groups are most persuadable when it comes to complying with IHL? [read post]
25 Feb 2019, 7:13 am
It appears unexpectedly, seemingly out of nowhere and lacking any evident context, and as you approach the oddity of it will only deepen, as you come to see that it stands alone on a grassy, crescent-shaped traffic island at the intersection of two very busy thoroughfares, U.S. [read post]
7 Nov 2014, 12:56 pm
(3) How can data collection answer normative/legal justification questions? [read post]
26 Jul 2017, 5:00 am
That’s the way political norms change—the way old norms get discarded and the way new ones develop. [read post]
11 Jul 2021, 6:30 am
Calabresi, Some Normative Arguments for the Unitary Executive, 48 Arkansas L. [read post]
19 Dec 2018, 10:02 am
At best, the U.S. has an opportunity to handle this case in a way that reinforces vital norms and important precedents on rule of law. [read post]
12 Mar 2016, 7:44 am
Looked to informal norms of community. [read post]
9 Mar 2018, 4:00 am
These long-standing policies are not just norms—they have teeth. [read post]
9 Sep 2022, 11:43 am
Often, the challenge comes to naught, but that process is itself a good thing, because we no longer have to accept a piece of conventional wisdom on faith but because it has been exposed to constructive criticism and come out stronger.When such widely accepted truths are disproved, that makes comfortable people (especially political leaders) uncomfortable. [read post]
8 Dec 2020, 6:30 am
” As someone who comes to the work of Cox and Rodríguez steeped in constitutional and administrative law generally, but not as an expert in immigration law, I confess that I found their framing of the separation of powers issues odd, even though I am in near-total normative agreement with substantive vision. [read post]
14 Apr 2018, 9:00 am
In the hate speech context, this may result in the views and values of demographic majorities coming to decide what should be censored. [read post]
3 Mar 2017, 4:03 pm
The third focuses on emerging systems of governance beyond the state--private regulation, hybrid public-private regulation and social norms. [read post]
6 Feb 2015, 12:35 pm
What about norms? [read post]
11 Jun 2019, 11:00 am
Tamir tries quietly to finesse the normative challenge. [read post]
19 May 2007, 10:12 am
Rather, he invites the State to violate two of the most basic norms of a civilized society - that the State's penal authority be invoked only where necessary to serve the ends of justice, not the ends of a particular individual, and that punishment be imposed only where the State has adequate assurance that the punishment is justified.United States Supreme Court Justice, 1990(1)Robert Comer, Christopher Newton and Elijah Page have something in common, aside from being on death row in… [read post]
13 May 2016, 7:55 am
The key issue for the Reporters is normative, and the need to align the law to what they understand as the necessary normative shift in societal expectations which ought to be reflected in the criminal law. [read post]
15 Apr 2019, 7:30 pm
With the potential of resolving disputes among dozens of sovereigns arising from thousands of commercial disputes in the coming years, China stands to develop a substantial case law on dispute resolution (here). [read post]
