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27 Oct 2022, 1:25 pm by Tracy Thomas
Anna Dziedzic, "To Join the Bench and Be Decision-Makers": Women Judges in Pacific Island Judiciaries" In Melissa Crouch (ed.), Women and the Judiciary in the Asia-Pacific (Cambridge: Cambridge University Press, 2021) 29-65 Studies of women in leadership in the Pacific... [read post]
27 Oct 2022, 12:00 pm by Omri Ben-Shahar
Later, in examining the effect legal sanctions have on informal penalties, Ed Iacobucci usefully distinguished between two types of third party responses: the conscious (and privately costly) propensity to ostracize bad actors who were found to be legally liable, and the self-interested motivation to refrain from dealing with those revealed by the legal sanction to be unattractive or dangerous trading partners. [read post]
27 Oct 2022, 9:38 am by Brad Schnure
Ed Durr testified against new gun restrictions proposed by New Jersey Democrats that he says are unconstitutional during a hearing in the Senate Law & Public Safety Committee. [read post]
27 Oct 2022, 8:55 am by Lawrence Solum
Hasen (UCLA School of Law) has posted Election Reform: Past, Present, and Future (in Oxford Handbook of American Election Law, Eugene Mazo, ed. [read post]
27 Oct 2022, 5:30 am by Josh Blackman
For the reasons Ed Whelan explains, I find this possibility extremely unlikely. [read post]
26 Oct 2022, 7:40 am by David Bernstein
Today's op-ed in the New York Times by Justin Driver is a case in point. [read post]
26 Oct 2022, 12:05 am by Paul Caron
Following up on my previous post, A Call To Action On Rule Of Law In The United States: TaxProf Blog op-ed: Building the Next Generation of Rule of Law Leaders, by William C. [read post]
26 Oct 2022, 12:00 am by Lawrence Solum
Kritsiotis (eds), 'Cambridge History of International Law Vol XII: International Law since the Cold War' (Cambridge University Press, Forthcoming)) on SSRN. [read post]
25 Oct 2022, 6:05 pm by Jacob Katz Cogan
Osservatorio EuropeoGiulia Borghesi, Fabio Giudice, Cesare Imbriani, & Piergiuseppe Morone, The EU Sustainable Finance Strategy: Some Perspectives on Climate DiplomacyValeria Di Comite, La protezione temporanea accordata dall’Unione europea alle persone in fuga dall’Ucraina: aspetti positivi ed elementi critici della decisione (UE) 2022/382Note e CommentiAngela Maria Gallo, La surrogazione di maternità come reato universale e alcuni obblighi internazionali… [read post]
According to the court, that “undermin[ed] any suggestion that overlooking these criteria for under-40 candidates amounted to pretext. [read post]
According to the court, that “undermin[ed] any suggestion that overlooking these criteria for under-40 candidates amounted to pretext. [read post]
25 Oct 2022, 12:05 am by Paul Caron
Inside Higher Ed, Free Speech Concerns Prompt Calls to Shun Yale Law Grads: Recent issues at Yale Law School are back in the spotlight after a conservative judge called on his peers to abstain from hiring Yale Law graduates as clerks because of free speech concerns. [read post]
24 Oct 2022, 10:00 am by Paul Caron
ABA Journal, Crime-Fraud Exception Permits Release Of 8 Law Prof Emails ABA Journal, Pass Rate For New York’s July Bar Exam Ticks Up, As Repeat And Foreign-Educated Test-Takers Do Better Daily Report Online, Applicants' Pass Rate on Georgia July Bar Exam Up 0.8% From 2021 Harvard Crimson, Cambridge City Council... [read post]
24 Oct 2022, 8:54 am by Dennis Crouch
Specifically, in Kisor the Court provided that Auer deference is not appropriate where the agency interpretation “creates an unfair surprise” that upends reliance by regulated parties.[16] According to the Federal Circuit, the Knee Replacement Guidance created unfair surprise because (1) Board decisions provide persuasive authority to the CAVC, (2) the vast majority of Board decisions prior to the Guidance applied DC 5055 to partial replacements, and thus (3) the prior Board… [read post]
24 Oct 2022, 5:03 am by Edward Smith
View this video from a primary commercial carrier briefing their drivers on how to prepare for an annual CVSA road inspection program: Sacramento Truck Accident Lawyer Hello, my name is Ed Smith, and I’m a Sacramento Truck Accident Lawyer. [read post]
24 Oct 2022, 4:00 am by Howard Friedman
Law):Dhruva Gandhi, Religious Discrimination under the Indian Constitution: Unpacking the Contents of Religion, (Indian Journal of Constitutional Law, 2022).Laetitia-Ann Greeff, A Critical Analysis of Parental Corporal Punishment: A Call for Legislative Reform, (October 10, 2022).Brandon Reece Taylorian, How Do Governments Use Recognition and Registration to Control Religion, (August 18, 2022).Latifatul Fajriyyah & Alfitri, Hearsay Evidence Admissibility: Due Process and Evidentiary… [read post]
24 Oct 2022, 12:55 am by Paul Caron
The Hill Op-Ed: The Wrong Way to Combat Cancel Culture, by Steven Lubet (Northwestern): Judge James Ho created quite a stir when he delivered the keynote address at a Federalist Society conference last month in Kentucky. [read post]
23 Oct 2022, 6:43 pm
  I am delighted to share with those interested a discussion draft of my essay: The Imaginaries of Regulatory Spaces in an Age of Administrative Discretion: Social Credit ‘in’ or ‘as’ the Cage of Regulation of Socialist Legality. [read post]