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22 May 2015, 2:13 pm
Even if you take negotiators' word that they're hewing close to U.S. law, they're still engaging in what Kaminski has elsewhere dubbed “regulatory paraphrasing”: because they're not transcribing U.S. law verbatim, they're necessarily making interpretations. [read post]
21 May 2015, 8:47 am
But this doesn’t impinge on the First Amendment rights of critics and commentators “so long as the Act hews faithfully to the purposes for which it was enacted. [read post]
19 May 2015, 8:45 am
” The Lanham Act and First Amendment may be in tension at times, but they are not in conflict so long as the Act hews faithfully to the purposes for which it was enacted. [read post]
5 May 2015, 4:10 pm
The United States Department of Health, Education and Welfare (HEW), the Federal agency delegated the responsibility of enforcing the Social Security Act, has precisely interpreted the meaning of a law of 'general applicability’: 'A duty of general applicability (is one) which (a stepparent) could be compelled by court order to fulfill . . . regardless of whether the children would otherwise receive AFDC payments'. [read post]
22 Apr 2015, 12:11 pm
While Menendez responded to such questions, she hewed closely to her line: the Court’s unique, repeat experience with the residual clause should lead to striking it down, whether or not a viable legislative correction can be written. [read post]
18 Apr 2015, 6:09 am
The report, which Cody linked us to, is called “Death By Drone,” and uses nine case studies to determine how closely the Obama administration hews to President Obama’s promise that, before he decides to authorize a drone strike, “there must be near-certainty that no civilians will be killed or injured. [read post]
16 Apr 2015, 12:54 pm
With loss amounts now hewing more closely to the defendant’s role – combined with an inflationary adjustment – lower-level defendants may find the risks of going to trial less catastrophic going forward. [read post]
9 Apr 2015, 10:00 am
Rivero’s challenge to the reasonableness of his sentence by carefully hewing to the court’s precedents and to its highly deferential standard of review. [read post]
30 Mar 2015, 9:48 pm
As I explained in this 2008 speech entitled “The United States and the International Criminal Court: Where We’ve Been and Where We’re Going,” “ICC supporters are more interested in fighting ideological battles than they are in finding common ground….ICC supporters will ultimately have to decide which they value more: hewing to an idealistic commitment to universality or pursing practical efforts to build an effective court. [read post]
26 Mar 2015, 4:00 am
Out of this observation, the researchers, Leon Festinger, Henry Riecken, and Stanley Schachter, developed the theory of cognitive dissonance, which states that when individuals are confronted with empirical evidence that would seem to prove their beliefs wrong, instead of rejecting their beliefs, they will often hew to them more strongly still, rationalizing away the disconfirming evidence. [read post]
23 Mar 2015, 6:10 am
For a profession that prides itself on hewing to precedent, how soon we lawyers forget our collective history. [read post]
11 Feb 2015, 9:13 am
Indeed, many of the newer corporatized blogs hew to a “just the facts” approach to minimize potential client conflicts or future allegations of inconsistent legal positions. [read post]
22 Jan 2015, 7:18 am
And because the Justices are likely to be divided, at least in Conference, the opinion will hew as closely to already-decided precedent as the case will allow. [read post]
20 Jan 2015, 9:00 pm
The Holt Court, however, does hew to the fact that RLUIPA and RFRA provide much more expansive protection for religious litigants challenging a law that applies to everyone else than does their previous doctrine. [read post]
20 Jan 2015, 9:00 pm
The Holt Court, however, does hew to the fact that RLUIPA and RFRA provide much more expansive protection for religious litigants challenging a law that applies to everyone else than does their previous doctrine. [read post]
19 Jan 2015, 6:28 pm
(Image: Penn State University Archives)To mark this day, I thought I would draw on the connection between Penn State University and the Rev. [read post]
17 Jan 2015, 6:55 am
Wells pushed back against his characterizations of the Bush and Obama administrations’ counterterrorism strategies as hewing cleanly to the war and law enforcement approaches, respectively, and questioned whether the war fighting tools that Cunningham saw lacking in France would actually have stopped the Charlie Hebdo attacks. [read post]
15 Jan 2015, 10:06 am
" The second would hew closer to the traditional definition, and would "require an entity to control a transmission path to qualify as an MVPD". [read post]
5 Jan 2015, 7:37 am
Although the challenge to abortion rights is clear, proponents of this legislation feign obsequiousness to federal authority, insisting that they are merely hewing to the health and safety standards established by the U.S. government…. [read post]
30 Dec 2014, 8:36 am
We look forward to continuing to inform you of the good, the bad, and ugly, while encouraging our elected representatives to hew to the rule of reason as they tackle next year’s issues. [read post]
