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19 Feb 2010, 9:05 am
" It is an attempt to resolve a normative debate through redefinition of a normatively charged term - in this case, interpretation. [read post]
23 Jan 2012, 2:53 pm
Mediation comes into the Justice system as a means of tempering the dispensing of justice according to fixed principles and judicial discretions and gives disputants the power to discuss their problems under professional guidance and to come to a resolution of their own making. [read post]
8 Feb 2012, 10:32 pm
Rather, free speech law comes into the picture in a significant way only after the forum – the park or street or other forum – is already there. [read post]
19 Jan 2011, 2:56 pm
But in the Air Products/Airgas battle, the pill itself has come under attack and. [read post]
3 Oct 2019, 8:00 am
This type of behavior should not be the norm. [read post]
7 Nov 2022, 2:04 am
Our newfound isolation may be one of the contributing factors to consumer preferences when it comes to customer service. [read post]
17 Feb 2012, 7:29 am
We have higher ethical standards, better behavioural norms, more high-minded professional concerns than everyone else. [read post]
5 Sep 2013, 9:57 am
This raises many other issues, such as the imminence of a threat, etc., where the nature of the threat (someday facing chemical weapons in war) is long run, but also arguably addressed most effectively and efficiently by using a relatively small amount of force today to reinforce respect for a universal normative rule with compliance effects compounding into the future. [read post]
13 Aug 2019, 2:48 pm
We have just the constraints.Lawrence Solum’s critique comes from the opposite extreme. [read post]
16 Aug 2011, 8:48 pm
That was me making a prediction, but it's also my normative view: Politics aside, given that this case will eventually reach the SCOTUS, it's better that it should get there sooner rather than later, so as to remove the uncertainty about compliance that currently faces states and insurers. [read post]
2 Apr 2008, 9:47 am
And it demonstrates exactly why it is so important to abide by such procedural norms -- so that an unconfirmed, rogue deputy in OLC can't just go around offering the most important and ground-shifting legal advice in the Executive branch without that advice having been thoroughly scrubbed and critiqued by others who are more accountable and more seasoned. [read post]
7 May 2011, 5:56 am
Normative concerns arise as well as opportunities. [read post]
18 May 2022, 6:09 pm
Dutifully, that is mindful of a duty to a constructed normative system of right and wrong intimately connected to the judge (and therefore the state), Dobbs takes plausibility off the table--at least as far as five justices are currently concerned--and for the result in this case at least. [read post]
7 Nov 2020, 8:28 am
“But I don’t see where the healing is going to come from now. [read post]
1 Aug 2022, 5:01 am
This flood of sanctions will inevitably attract a significant number of legal challenges in the coming years, the outcomes of which will shape sanctions practice for years to come. [read post]
23 Apr 2021, 5:01 am
Three immediate factors are driving calls for governments to come to the table. [read post]
27 Mar 2023, 5:54 am
The consequential effects on emerging systems of mandatory human rights due diligence systems with ambitions to project national standards, principles and the like (even if under the umbrella of national transposition of international law-norms) are significant. [read post]
18 Mar 2016, 12:29 pm
The moves by the Hermit Kingdom come after the United States imposed a new list of heavy sanctions against the country and after Kim Jong Un threatened that North Korea could level New York City with a nuclear warhead. [read post]
3 Jun 2008, 8:34 am
I'm sure I'll find much to disagree with when it comes out, but the title of Stanley Fish's forthcoming book comes to mind: Save the World on Your Own Time. [read post]
13 May 2010, 10:24 pm
(This is, in part, the concern of Terry Pinkard’s “Norms, facts and the philosophy of history”.) [read post]