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11 Jan 2019, 5:43 pm by Benjamin Wittes
Shortly before the holidays, I received a call from New York Times reporter Michael Schmidt asking me to meet with him about some reporting he had done. [read post]
25 Jul 2013, 5:18 pm by Larry Catá Backer
Along with Keren Wang, I have been considering the constitutional implications of China's laojiao system (the system of administrative detentions, re-education through labor, or “劳动教养”), implemented in the 1950s. [read post]
2 Nov 2020, 10:31 am by Benjamin Wittes
Don’t look now, but as of Oct. 12, the United States may—and the word “may” requires no small emphasis here—have entered the last hundred days of Donald Trump’s presidency. [read post]
27 Mar 2019, 1:00 am by Thaddeus Mason Pope, JD, PhD
Here is the schedule for the 2019 Health Law Professors Conference. [read post]
17 Apr 2013, 4:37 pm by Patrick S. O'Donnell
“Even those who think that death is a continuation, and not an ending, can benefit from contemplating the implications of annihilation. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
 David Korzenik, Miller Korzenik Sommers Rayman LLP largely representing news organizations: Parallel to right to be forgotten in Europe—as worry about privacy increases, takedown notices increase. [read post]
10 Dec 2019, 8:31 am by Jillian C. York
Around the globe, freedom of expression (or free speech) varies wildly in definition, scope, and level of access. [read post]
14 Jun 2020, 1:44 pm
Pix credit HEREEthics has always been a term that is easy to pronounce, easier to segregate and narrow, and nearly impossible to produce easy answers. [read post]
30 Jun 2016, 4:19 am by Daniel Philpott
PDF version A review of Elizabeth Shakman Hurd's Beyond Religious Freedom: The New Global Politics of Religion (Princeton, 2015) and Saba Mahmood's Religious Difference in a Secular Age: A Minority Report (Princeton, 2016) *** In recent years, the principle of religious freedom has been drafted into America’s culture war. [read post]
15 Sep 2015, 5:53 am by Jack Goldsmith
David Sanger reports that President Obama recently had this to say about the matter: “There comes a point at which we consider this a core national security threat. [read post]
6 Sep 2016, 7:46 pm
(Pix © Larry Catá Bacer 2016)Quite belatedly, I have been thinking about the relationship between framing ideologies and the production of regulatory systems. [read post]
23 Sep 2024, 7:00 am by Marty Lederman
., 1897); see also Letter from Jefferson to Edward Livingston (Nov. 1, 1801), in id. at 57, 58 n.1 (“if [the President] sees a prosecution put into a train which is not lawful, he may order it to be discontinued”).)The draft McGahn memo, however, also identified at least three other important limits on the President's power with regard to federal criminal law enforcement. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
The Court derived the test’s first prong from “the bedrock requirement that ‘the conduct allegedly causing the deprivation of a federal right be fairly attributable to the State,’” asserting that “[a]n act is not attributable to a State unless it is traceable to the State’s power or authority. [read post]
9 Jul 2010, 6:12 am by @ErikJHeels
To paraphrase what the late great Professor David Gregory said: "[W]hat the state courts say is not the law. [read post]