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26 Jun 2019, 9:01 pm by Vikram David Amar
Relying on “white primary” cases in which states had delegated election administration responsibility to private associations that discriminated against black voters, Justice Kennedy’s opinion observed that just as government cannot escape from constitutional constraints by farming out the task of picking voters, neither can it free itself from constitutional norms by giving private parties the power to pick jurors.This “juror as voter” theme in Justice… [read post]
25 Jun 2019, 2:08 pm by Lindsay Griffiths
Even as business crosses more and more borders, the laws, regulations, and cultural norms within those borders stubbornly persist, and a practice that’s legal and acceptable in one country may not be in another. [read post]
25 Jun 2019, 9:42 am by Vishnu Kannan
His announcement comes as near-daily protests by Philippine nationalist groups call for the crew of the Chinese vessel to be turned over for trial. [read post]
25 Jun 2019, 8:54 am by Aaron Rubin
As we have also written previously, however, the historically broad Section 230 immunity has come under pressure in recent years, with both courts and legislatures chipping away at this important safe harbor. [read post]
25 Jun 2019, 6:30 am by Guest Blogger
His argument is that the practice and evolution of “constitutionalism” (p. 5) can be explained and normatively justified with reference to two kinds of judicial fidelity: fidelity to meaning and fidelity to role. [read post]
24 Jun 2019, 8:24 pm
The issue is particularly delicate because it exposes the difficulty of a simple minded Sinification project--the core values of the political-economic model of China is itself the product of the intellectual power of German Jews resident in part in England, and Russian intellectuals who developed and operationalized a version of the normative vision whose birthplace is undeniably European. [read post]
24 Jun 2019, 3:51 pm by Sanjana
The best example of this comes from India and WhatsApp. [read post]
24 Jun 2019, 7:30 am by Guest Blogger
  As Lessig rightly observes, “condemnation” of anti-canonical cases like Lochner“comes too quickly and too cheaply” in our constitutional discourse (p. 96). [read post]
24 Jun 2019, 5:00 am by Bob Bauer
The campaign politics of the presidency had come to be institutionalized. [read post]
20 Jun 2019, 8:34 pm
CPE-WGE noted that Professor Jiang's essay presents a truly important intervention of an important Chinese intellectual in the increasingly high stakes negotiations between the United States and China for the control of the normative discourse on global trade, and for the way in which global production consequentially will be ordered. [read post]
20 Jun 2019, 3:39 pm
One does not need a medical degree or psychoanalytic training to come to this conclusion. [read post]
19 Jun 2019, 4:04 pm
CPE-WGE noted that Professor Jiang's essay presents a truly important intervention of an important Chinese intellectual in the increasingly high stakes negotiations between the United States and China for the control of the normative discourse on global trade, and for the way in which global production consequentially will be ordered. [read post]
18 Jun 2019, 6:30 am by Rebecca Shafer, J.D.
  The idea that someone stays home and avoids work when they are able to actually work is not the norm. [read post]
17 Jun 2019, 10:18 am by Gennie Gebhart
In addition to passing strong laws, state legislation also allows for a more dynamic dialogue as technology and social norms continue to change. [read post]
14 Jun 2019, 1:57 pm by Rebecca Tushnet
  Principles may incubate in common law, though they can also come from statutes. [read post]
14 Jun 2019, 11:01 am by Rebecca Tushnet
Functionality can come from merger over time as users make investments in using a program. [read post]