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15 May 2023, 9:30 pm
(Anthony Sebok offers a fuller discussion of Calabresi's concurrence here.) [read post]
3 Sep 2019, 11:00 pm
“Tool Without A Handle: A Duty of Candor” The law and legal professional ethics require of counsel a duty of candor in the practice of law.[1] This includes a duty to not knowingly make false statements of fact, to not conceal controlling legal authority, and to not offer evidence the lawyer knows to be false.[2] These principles are considered essential to maintaining both substantive fairness for participants in the process, and trust in the integrity of the process for… [read post]
27 Mar 2016, 2:54 pm
(Pix © Larry Catá Backer 2016)Globalization has produced a wealth of marvelous work that seeks to theorize the emerging relationships between states, non-state actors (especially multinational corporations), and international organizations. [read post]
1 Feb 2016, 10:37 am
Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016)Review copy. [read post]
4 Dec 2024, 6:30 am
There has been fierce debate over the information fiduciary standard (as first developed by Jack Balkin) since Lina Khan and David Pozen published their “A Skeptical View of Information Fiduciaries” in 2019. [read post]
15 May 2019, 10:06 pm
Cecilia Sbrolli re-imagines the decision in the case Fuller v. [read post]
11 Apr 2025, 12:33 pm
The British Prime Minister David Lloyd George and his French counterpart Georges Clemenceau were the two statesmen who masterminded that law reform. [read post]
4 Oct 2019, 4:38 pm
Nor do I mean the capacity—or inclination—of courts to produce social change against the tide of dominant political forces, which I shall call judicial independence.Extensions, Applications, and Friendly AmendmentsIn illuminating and complementary posts, David Marcus and Aaron-Andrew Bruhl draw attention to judicial capacity issues in the lower federal courts that I do not discuss at any length in my book. [read post]
31 Aug 2022, 12:30 am
The summary by the Ecclesiastical Law Association is reproduced below, and a fuller analysis of the judgment will be provided in a future stand-alone post. [read post]
31 Aug 2024, 12:20 am
The full schedule of proposed works was purportedly set out in the specification and drawings provided by the Finlayson partnership, and a fuller description was within the statement of need, summarized in [4(1) to (10)]. [read post]
3 Nov 2008, 7:50 pm
David Frederick argued for Levine. [read post]
6 Jan 2020, 6:49 am
”) Fuller v. [read post]
31 Oct 2023, 12:54 am
On the contrary, a Petition for Faculty for a major project ought to provide a fuller explanation than one for a smaller matter. [read post]
5 Aug 2024, 11:51 am
Back in March 2015, the International Agency for Research on Cancer (IARC) issued its working group’s monograph on glyphosate weed killer. [read post]
25 Oct 2022, 6:30 am
Harlan offered a model of what University of Chicago law professor David Strauss calls “common-law constitutionalism. [read post]
17 Apr 2013, 4:37 pm
“Even those who think that death is a continuation, and not an ending, can benefit from contemplating the implications of annihilation. [read post]
24 Apr 2023, 7:00 am
Woodson.[5] And assertions of an inextricable relation between education and capacity for equal democratic citizenship have been woven into political projects of multiple social and political movements as they have claimed their own equal citizenship and pushed for a fuller constitutional democracy: from the Freed person’s movements to create schools after the Civil War, to the Black Civil Rights Movement and Freedom Schools, and the Chicano Movement’s activism for education in… [read post]
9 Apr 2017, 8:35 am
I am happy to announce the publication of an article, "The Emerging Normative Structures of Transnational Law: Non-State Enterprises in Polycentric Asymmetric Global Orders," that appears in the B.Y.U. [read post]
5 Dec 2011, 7:10 am
The Civic Need Civic morale in the U.S. is punishingly low and bleeding out. [read post]
10 Jan 2012, 3:30 pm
In addition to these speeches, I also commend to you two indispensable studies of criminal prosecutions and terrorism, the first an article from June 2011 in the Journal of National Security Law and Policy by former-Assistant Attorney General for National Security David Kris, entitled, “Law Enforcement as a Counterterrorism Tool,” and the second the famous 2008 White Paper with 2009 update In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts, authored… [read post]
