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21 Jul 2015, 3:09 pm by Mark Graber
  Most citizens when the Constitution was framed regarded the jury trial as the “matrix . . . of nearly every other form of freedom. [read post]
21 Apr 2022, 6:30 am by Guest Blogger
  Or progressives might employ what Tara Leigh Grove calls “flexible textualism” to insist that the state attend to the functional preconditions for the realization of enumerated rights, as when the plaintiffs in San Antonio Independent School District v. [read post]
22 Nov 2015, 4:44 pm by Richard Primus
  But the picture of eighteenth-century British government that Justice Scalia offered to frame the point is fully make-believe. [read post]
12 Aug 2022, 10:43 am by Rebecca Tushnet
Expanded to other characteristics such as voice, surroundings/lookalikes (White v. [read post]
4 Oct 2017, 3:59 pm
  pp 46-61 By Surya Deva https://doi.org/10.1017/9781316797990.004 4 - Putting “Human Rights” Back into the UN Guiding Principles on Business and Human Rights: Shifting Frames and Embedding Participation Rights pp 62-75 By Tara J. [read post]
11 Oct 2023, 7:00 am by Guest Blogger
In certain countries at least, such a deference may be regarded as a pragmatic and realistic way of allocating limited resources and of dealing with the asymmetry of non-legal expertise among administrative bodies and courts, provided that it is framed by several conditions. [read post]
25 Jun 2014, 7:00 pm
 The antidote to this contagion is by framing copyright as a property right. [read post]
12 Feb 2024, 7:39 pm by Mark Graber
 The specter of Dunning School history haunted oral argument in Anderson v. [read post]
30 Jul 2010, 7:17 am by Brian A. Comer
Supp. 2d at 771.The issue of whether proof of a feasible alternative design is a required element in a product liability case was framed, explored, but not entirely answered by the court in Little v. [read post]
12 Feb 2021, 3:32 pm by Rebecca Tushnet
” Contracting out of first sale by framing functional sales as licenses. [read post]