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3 Nov 2020, 11:52 am
  The concept of consent is  ubiquitous in the West.[2]  It is, in some respects, a metaphor for the core engagement of idealized social relations on which communal life is organized, of which the prison stands at the opposite end of the ideal.[3]It is the foundation of its construction of meaning for sovereignty (and political legitimacy). [read post]
3 Nov 2020, 5:42 am
As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their actions are unconstitutional.[2] Justice Amy Coney Barrett has not yet weighed in on the issue, and the remaining Justices appear to be evenly divided.[3] As an originalist matter, the Supreme Court should stay out of these cases. [read post]
3 Nov 2020, 5:42 am by bhorton
As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their actions are unconstitutional.[2] Justice Amy Coney Barrett has not yet weighed in on the issue, and the remaining Justices appear to be evenly divided.[3] As an originalist matter, the Supreme Court should stay out of these cases. [read post]
24 Oct 2020, 11:34 am
  The practice suggests the way that private, market and harm based civil action may be used to supplement or compensate for failures of criminal law within states (Cf., here). [read post]
13 Oct 2020, 8:08 am by Eugene Volokh
., (N.Y. trial ct. 1995); Restatement (Second) of Torts §581 (1976); cf. [read post]
4 Oct 2020, 7:14 pm
 And therein lies both the great power and the constant challenge of Pope Francis' Encyclical Fratelli Tutti (3 October 2020). [read post]
À la suite de l’avis et de la directive de la CAF, la Cour fédérale a émis une directive sur la procédure mise à jour le 8 septembre 2020 (avis de la CF), réitérant la position de la CAF : « Malgré l’entrée en vigueur de la Loi, les ordonnances et directives de cette Cour relatives à la COVID-19, ainsi que ses jugements, ordonnances et directives restent pleinement en… [read post]
21 Sep 2020, 6:43 am by INFORRM
There may be circumstances in which striking a fair balance between the competing constitutional rights of expression and good name will change an aspect of the cause of action in defamation, but those circumstances have not yet arisen in the caselaw. 3. [read post]
9 Sep 2020, 1:02 am by Jan von Hein
In this context, the German Federal Court of Justice (cf., for example, the case IX ZR 9/16) held that the intention to conclude contracts with consumers living abroad could not only be expressed by general forms of advertising addressed to the public abroad, but also  y documents that are sent to individual consumers. [read post]
8 Sep 2020, 3:00 am by John Jenkins
As for the 3% of companies that didn’t include a specific risk factor, all included language to the effect that the pandemic could exacerbate or heighten the risk factors that were previously disclosed in their Form 10-K. [read post]