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19 Feb 2012, 8:55 pm by Lawrence Solum
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a family of constitutional theories. [read post]
2 Feb 2012, 4:11 am by Rob Robinson
bit.ly/w1LMYO (Thomas Smith, Matthew Collins) NLRB Report Challenges Validity of Many Commonly Used Social Media Policies - bit.ly/xCfcda (Philip Gordon) Obtaining Discovery in China for Use in US Litigation | China Law Insight - bit.ly/yJtH08 (Meg Utterback) Plaintiff Sanctioned for Burning Personal Computer - bit.ly/ykkVqe (K&L Gates) Printing ESI & Scanning It Is Not OK - bit.ly/xryUK2 (Josh Gilliland) Proposed EU Privacy Rules Add to the Burden on International Businesses -… [read post]
12 Jan 2012, 5:32 pm by Sean Patrick Donlan
Discussion Three Comments on Joseph Raz’s Conception of Normativity IntroductionGeorge Pavlakos Raz’s NexusNiko Kolodny Guided by Reasons: Raz on the Normative-Explanatory NexusUlrike Heuer Problems of Intellectualism: Raz on Reason and its ObjectsDouglas Lavin Reviews Five reviews of Rae Langton, Sexual Solipsism: Philosophical Essays on Pornography and Objectification, with a response from Rae Langton Subordination, Silencing, and Two Ideas of IllocutionJennifer Hornsby … [read post]
27 Dec 2011, 6:02 pm by Adam Levitin
Michael Olenick, Gretchen Morgenson, and Yves Smith have all written pretty damning things about the foreclosure reviews persuant to the OCC consent orders with major mortgage servicers. [read post]
16 Dec 2011, 7:05 pm
One of the securities fraud actions filed is against unregistered adviser John B. [read post]
12 Dec 2011, 1:04 pm by admin
Smith   In hotels or residential rental, the Holy Grail is occupancy, for the space costs nearly as much to operate when empty as it does when full. [read post]
3 Dec 2011, 9:56 am by Law Lady
AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. 1st District.Bankruptcy -- Dismissal -- Chapter 7 -- Abuse -- Dismissal of Chapter 7 case as an abusive filing is warranted where presumption of abuse arises pursuant to section 707(b)(2), the presumption is not rebutted by special circumstances, and totality of debtors' financial situation demonstrates abuse pursuant to Section 707(b)(3)(B) -- Monthly expenses for mortgage payments on surrendered property and student… [read post]
2 Dec 2011, 3:20 pm by Eugene Volokh
Many thanks to Michael Smith — an experienced Michigan appellate lawyer — for all his help with this project! [read post]
27 Nov 2011, 9:54 am by Christina D. Frangiosa
On October 26, 2011, Representative Lamar Smith introduced the Stop Online Piracy Act (H.R. 3261) ("SOPA"). [read post]
17 Nov 2011, 5:17 am by Lawrence Douglas
The history of how this came to be is vexed, and we need not review the involved story of the roles variously played by Professor Glueck, Colonel Chanler, Colonel Bernays, President Roosevelt, Secretary Stimson, Justice Jackson, and Baron Shawcross that led to framing the trial around the crime of aggressive war.[11] As Jonathan Bush has demonstrated, the decision made for sharp disagreements not only among the Allied powers – the French in particular never accepted this stratagem – but… [read post]
12 Nov 2011, 11:02 am by Peter Huang
Smith, who presented his work-in-progress titled, The Sociological and Cognitive Dimensions of Policy-Based Persuasion. [read post]