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15 May 2019, 6:00 am
When it comes to confirming the next judicial nominee, a majority of the public, or even the House of Representatives, is just a mob. [read post]
14 May 2019, 9:27 am
It is definitely true that norms of fairness matter a lot in authorship, including attribution in many circumstances—but not necessarily in the rigid categories formal law might use. [read post]
14 May 2019, 6:30 am
In what follows, I pick a few of the points that bother or intrigue me the most.I am puzzled by Sandy’s frequent recourse to eighteenth-century republicanism as the normative standard to evaluate our present political and constitutional order. [read post]
13 May 2019, 5:51 am
Just as a Chinese proverb says, “A tower is built when soil on earth accumulates, and a river is formed when streams come together. [read post]
12 May 2019, 6:30 am
Or is the lesson of Trump that the presidency or the executive branch (the two are not the same, indeed seem to be coming apart before our eyes) is too powerful? [read post]
9 May 2019, 2:04 pm
The group brings together women in the legal industry who are “breaking the mould and challenging the norm in the world of law. [read post]
9 May 2019, 6:30 am
However, the exchanges highlight the difficulty of coming up with objective criteria for institutional performance. [read post]
9 May 2019, 3:58 am
The U.S. wants China to change its intellectual property practices and policies that violate international norms. [read post]
8 May 2019, 12:08 pm
If an impeachment is come to be seen as mere partisan showboating, then it will be worse than useless. [read post]
7 May 2019, 5:52 pm
But there is still a lot that the international human rights community doesn’t know, especially when it comes to post-2016 Xinjiang. [read post]
6 May 2019, 7:53 am
This conclusion is also normative, and it has distributional consequences—it is about how consumers should behave, not about what advertisers should say. [read post]
6 May 2019, 6:30 am
Supporters of this idea, moreover, are coming to insist that it could be implemented through ordinary legislation, on the view that Article III’s Good Behavior Clause should not be read to require life tenure as an active-duty justice.Although still a fringe position, constitutional scholars have begun tosuggest that the Natural Born Citizen Clause may have been implicitly “repealed” by the Fourteenth Amendment (which, as construed by the Supreme Court, places sharp limits… [read post]
5 May 2019, 4:00 am
“It’s about cultural norms and values. [read post]
3 May 2019, 7:21 am
In the end, we might come to embrace bad ideas that were destructive of our highest aspirations as a nation. [read post]
3 May 2019, 3:05 am
So a proposal to amend the definitions wouldn’t come as a surprise. [read post]
2 May 2019, 5:00 pm
Our commitment to open-ended constitutional norms remains intact, but our various understandings of those norms is driving us into conflicting tribes. [read post]
2 May 2019, 5:04 am
Wearable technology that monitors vital medical signs can alert a caregiver or medical professional if the patient is outside of the boundaries of safe, vital norms. [read post]
30 Apr 2019, 9:02 pm
It has developed hundreds of internationally agreed standards, norms and codes of practice. [read post]
30 Apr 2019, 7:22 am
The first, "positive" criticism is that law has to come from somewhere: judges can't discover norms that no one ever made. [read post]
29 Apr 2019, 11:00 pm
If one agrees that all legal methodology comes down to methods of interpretation of the law, the history of methodology is a history of interpretation. [read post]
