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3 Jul 2023, 6:30 am by Sandy Levinson
  As Barack Obama reminded us, at a happier moment, “elections have consequences,” with the implication that winners ought to be allowed to put their policy preferences into law and that losers should in effect be “good sports,” hoping in the next election to displace those they consider rascals, in the hope (and with the justified expectation) that if they in fact win, they will enjoy the prerogatives of winners. [read post]
3 Jul 2023, 3:30 am by Christopher Slobogin
Winter’s own answer is a strong no: he would “much prefer” (emphasis his) to live in a society in which murders occur. [read post]
3 Jul 2023, 2:53 am by SHG
Congress is of course a democratic institution; it responds, even if imperfectly, to the preferences of American voters. [read post]
2 Jul 2023, 9:05 pm by Riann Winget
Nelson, a visiting researcher in Harvard Law School’s Program on Negotiation, profit does not necessarily have to be sacrificed to establish an ESG fund that meets sustainability goals. [read post]
2 Jul 2023, 2:38 pm
  The McCarran-Ferguson Act calls for reverse-preemption only of "Acts of Congress"; any policy preference expressed within it regarding state regulation of insurance does not bear on the relationship between state law and a self-executing treaty provision. [read post]
1 Jul 2023, 1:00 am by David Pocklington
I believe people recognise that their ‘heart on sleeve’ culture means they prefer more elaborate designs. [read post]
30 Jun 2023, 9:05 pm by Alyson Diaz
The elderly population requires protections of rights that go beyond statutory construction, argues Jessica Garcia-Brown of Nova Southeastern University Shepard Broad College of Law in an article in the Cardozo International and Comparative Law Review Journal. [read post]
And there are certain procedural protections and placement preferences that state courts are obligated to follow under federal law. [read post]
30 Jun 2023, 10:41 am by Florian Mueller
By 5 PM local time (Pacific Time) today, the two sides will have to file the updated versions of their proposed findings of fact and conclusions of law. [read post]
30 Jun 2023, 9:53 am by Michael C. Dorf
If a state law violates the federal Constitution, the Supremacy Clause (which Justice Gorsuch cites for the benefit of any dullards reading his opinion) prefers the latter. [read post]
30 Jun 2023, 9:42 am by Tom Smith
That means it is constitutional law — and cannot be undone by Congress or overruled by a president who “strongly disagrees” with it. [read post]
30 Jun 2023, 8:22 am by INFORRM
  It introduces wide ranging and unclear changes relating to what have become known as “strategic litigation against public participation” (“SLAPPs”) addressed to the law of defamation. [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
[including when the requirement is imposed by antidiscrimination laws, for instance when such laws require web site designers who create opposite-sex wedding sites create same-sex wedding sites.] [read post]
30 Jun 2023, 7:52 am
Most auto lenders would prefer it if every buyer simply made their payments on time, every time - or at least were able to catch up with their past-due bills. [read post]
30 Jun 2023, 7:07 am
The law school explained its interest in classroom diversity in terms of the need to gain a "critical mass" of students who were members of "underrepresented" minority groups. [read post]