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18 Jun 2023, 9:00 pm by Michael C. Dorf
The theory itself isn't the basis for the Roy Cohn/Louis XIV (l'état, c'est moi) view of executive power.(3) HypocrisyDespite its problematic framing, the Times story does point to the fundamental hypocrisy of the Trumpists: "They are condemning Mr. [read post]
18 Jun 2023, 6:00 am by Lawrence Solum
Unlike weak Pareto, strong Pareto does permit some relatively robust conclusions. [read post]
18 Jun 2023, 12:07 am by Frank Cranmer
” Quick links Philip Cowley and Alan Wager, Theos: Does the British Electorate Mind Politicians Doing God? [read post]
17 Jun 2023, 7:57 am by Matt Tait
It is possible to have a society that does not have fair trials: Ancient societies, and modern dictatorships all exist without them. [read post]
16 Jun 2023, 5:47 pm by Bill Marler
, “Steaming oysters does not prevent Norwalk-like gastroenteritis,” PUBLIC HEALTH REPORTS, Vol. 111, pp. 527-30 (1996). [read post]
13 Jun 2023, 5:50 am by Eugene Volokh
An employer does not meet its burden of proving misconduct connected with the employee's work by simply showing the employee was discharged for violating a rule, policy, or order. [read post]
12 Jun 2023, 1:45 pm by Kalvis Golde
Foresight Coal Sales, LLC 22-1083Issues: (1) Whether a state law discriminates against interstate commerce in practical effect when there has been no showing of any burden on interstate commerce beyond a de minimis one; (2) whether a discriminates against interstate commerce when it only offsets a state-imposed disadvantage, does so equally for all states imposing that disadvantage, and does not affect any out-of-state business’ earned or natural advantage; and… [read post]
9 Jun 2023, 11:43 am by Aidan Smith
He writes that three conditions can lead to a precision trap: (1) the opacity of algorithms, (2) the increasing focus on forecasting and prediction, and (3) the growing distance between farmers and the daily field operations on their farms (Visser et al., 2021, p. 624). [read post]
9 Jun 2023, 7:30 am by Guest Blogger
  That does not dilute David’s main point about the effects of judicial intervention, but it does tell us something about the extent to which we can rely on courts to strike the balance that David sees as the objective of federal actors generally. [read post]
7 Jun 2023, 8:30 am by Guest Author
   Indeed, EO 12,866 (which is still in force today, and is incorporated into Section 3 of the new EO 14,094), provides in Section 1(a):   [A]gencies should assess all costs and benefits of available regulatory alternatives … Costs and benefits shall be understood to include both quantifiable measures (to the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify,… [read post]
4 Jun 2023, 6:00 am by Lawrence Solum
In A Theory of Justice, John Rawls distinguishes three very general and abstract kinds of procedural justice: (1) perfect procedural justice, (2) imperfect procedural justice, and (3) pure procedural justice. [read post]
2 Jun 2023, 4:00 am by Jim Sedor
Judge Richard Sueyoshi determined the law, which went into effect in January, does not violate either the state or federal constitutions. [read post]
31 May 2023, 6:48 pm by Jacob Sapochnick
In this case, John Doe was an Indian national who received his master’s degree in a STEM field and was preparing to begin his Ph.D. doctoral program in the field of biology with specialization in cancer research. [read post]