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21 Feb 2017, 6:08 am by Rebecca Tushnet
’” “[u]nlike rational basis review, th[is] . . . standard does not permit us to supplant the precise interests put forward by the State with other suppositions. [read post]
24 Apr 2017, 8:33 am by Quinta Jurecic
In 1571, an English jurist named Edmund Plowden, trying to make sense of cases involving the sale and purchase of land owned by various monarchs, argued: [T]he King has in him two Bodies, viz., a Body natural, and a Body politic. [read post]
10 Dec 2021, 7:30 pm
Yet it is also changing as it engages in a period of intense self reflection and internal contests for the control of its own narrative among factions.The liberal democratic democracy narrative, their internal tensions and normative thrust were very much in evidence during the course of President Biden's Remarks that opened th Summit of the Americas.It is reproduced below. along with links to the video recordings of interventions by participating delegations who shared their… [read post]
10 Oct 2019, 10:03 am by Samuel Bray
Dear readers, you may recall Professor Mila Sohoni's forthcoming article in the Harvard Law Review, The Lost History of the "Universal" Injunction. [read post]
27 Oct 2024, 8:24 am
 Pix credit here But whosoever endeavours to establish wholesome laws in a state, attends to the virtues and the vices of each individual who composes it; from whence it is evident, that the first care of him who would found a city, truly deserving that name, and not nominally so, must be to have his citizens virtuous; for otherwise it is merely an alliance for self-defence; differing from those of the same cast which are made between different people only in place: for law is an agreement… [read post]
24 Jul 2024, 6:30 am by Guest Blogger
For the Balkinization Symposium on Alison L. [read post]
5 Sep 2017, 2:45 pm
Amnesty International and the Business & Human Rights Resource Centre have produced an important intervention in the contemporaneity debates about the nature and scope of corporate obligation with respect to human rights. [read post]
17 Oct 2023, 3:38 pm
 Pix credit here For those of you who have been following my step by step encounter with Jan Broekman's path-breaking book,  Knowledge in Change: The Semiotics of Cognition and Conversation (Cham, Switzerland: Springer Nature, 2023), I am happy to announce that the entire work is now ready for review as a discussion draft.The abstract described my intentions: Humans create but do not regulate generative systems of data based programs (so-called… [read post]
12 Jan 2023, 3:49 pm
Pierre-Marie Glauser, Evasion fiscale : une approche théorique et pratique de l'évasion fiscale, Genève 2010, p. 42). [read post]
17 Mar 2017, 3:21 pm
Statute of limitations: Deadline: Motion for a new trial: Reexamination: Posttrial motion: Jurisdictional: Civil procedure: Affidavits: (…) We conclude that Code of Civil Procedure section 659a does not deprive a court of fundamental jurisdiction to consider affidavits submitted after the 30-day deadline set forth in the statute. [read post]
1 Jan 2020, 2:19 pm
(Pix ©Larry Catá Backer, La Habana Cuba 2017)Every religion connects the structures of divinity to the human communities around which their worship is structured and social, political, economic, and cultural communities are organized. [read post]
14 Apr 2015, 3:57 pm
Ltd.The most interesting part of th Final Statement, and one that, if Canada sticks to its guns will mark a significant advance in the operationalization of the Guidelines framework was set out nicely in the executive summary to the Final Statement:  It is hereby reiterated that the Government of Canada expects that Canadian companies will promote Canadian values and operate abroad with the highest ethical standards. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
” The work of theorists in this context is to move up the order scale — to first-order, second-order, or n-th-order — theories, which as they progress, get closer and closer to the actual results. [read post]
25 Jun 2020, 8:36 am by Marty Lederman
Originally posted at Just SecurityYesterday morning—in a stunning decision that broke from usual standards of judicial process and self-restraint—D.C. [read post]
15 Sep 2017, 6:39 am by Roel van Woudenberg
An international application was filed in 2005 (with priority of 2004) with the wrong receiving office -the USPTO- who assigned an application number to it. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
As Regents explains, such an analysis would have revealed that the Fifth Circuit “was careful to distinguish th[e] forbearance component from eligibility for benefits. [read post]