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26 Jan 2019, 4:54 am
That loses the normative edge that makes us socialists in the first place: the normative edge that gives us the notion that there is a way society ought to be, regardless of how people evaluate the way it actually is. [read post]
25 Jan 2019, 1:38 pm
” Trademark claims: because the Second Circuit said so, nominative fair use is tacked onto the end of the Polaroid factors, even though (1) that makes the test an even more incoherent mix of normative and empirical parts, and (2) the Second Circuit acknowledged that a number of the Polaroidfactors don’t fit well with nominative fair use situations. [read post]
23 Jan 2019, 11:05 am
As social norms changed, so did the concept of what constitutes a “personal injury. [read post]
23 Jan 2019, 9:29 am
The best example to describe what is happening in global cyberspace regulation comes from autumn 2018 when the United Nations (UN) First Committee had to decide between two different ways forward in developing cyber norms and regulations. [read post]
23 Jan 2019, 7:08 am
These norms are relevant in two ways. [read post]
23 Jan 2019, 5:09 am
We take our witnesses as they come, regardless of how they express themselves. [read post]
22 Jan 2019, 4:57 am
The Justice Department has a strict set of rules and norms that govern recusals. [read post]
22 Jan 2019, 3:26 am
“In essence, the threat of losing the traditional norm of men as breadwinners led men to abandon support for the first major-party female candidate in American history and come out in support of her opponent,” wrote Cassino in an article titled “Emasculation, Conservatism and the 2016 Election. [read post]
21 Jan 2019, 9:01 pm
As civil societies, institutions, and governments experience #MeToo filtered through the lens of local norms and local cultures, social media and traditional journalism have highlighted these distinct efforts. [read post]
21 Jan 2019, 8:10 am
Of course, this might never come to pass. [read post]
19 Jan 2019, 10:25 am
The global conversation about the essence, theory and practice of democracy has also come to the great Marxist Leninist states. [read post]
19 Jan 2019, 3:36 am
-style rules and norms that may conflict with local values. [read post]
18 Jan 2019, 1:25 pm
While relevant international case law is yet to come, some national authorities have started to raise serious doubts regarding moral and legal questions on partnering with forces with a record of ill-treating of detainees. [read post]
17 Jan 2019, 4:48 pm
And at the bottom of all of this is the continued and perhaps growing importance of the NSS as the operating manual of American foreign and military policy in the coming year. [read post]
17 Jan 2019, 9:30 am
Bottom Line It’s entirely possible, even probable, that the BfR did not do anything that wasn’t out of the norm for such regulatory agencies. [read post]
15 Jan 2019, 6:51 pm
Surveillance is both the repository of governance norms and the discipline of those norms within any regulatory system. [read post]
15 Jan 2019, 9:46 am
One of the neat things about technology is that you can build on what’s come before. [read post]
14 Jan 2019, 11:58 am
Moreover, even were I to concede that there might in some extreme case be a convincing cause for creating an exception to the general rule, it’s not altogether clear just how such a prosecution would come about. [read post]
14 Jan 2019, 9:45 am
” What about the alternative narrative, in which the bureau comes off as more tribal than magisterial? [read post]
14 Jan 2019, 5:01 am
I have an unusually speculative article -- more futurism than law as such -- coming out in a few months in the Duke Law Journal, called Chief Justice Robots. [read post]
