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7 Mar 2017, 9:01 pm by Michael C. Dorf
When social norms lag behind legal norms, courts will sometimes hesitate to require that parties comply with the full measure of the legal norms.Why would a court trim its sails in that way? [read post]
29 May 2010, 8:41 pm by Rebecca Tushnet
(On the other hand, even with a copyright license, you are still vulnerable to claims by some third party that you infringed their copyright—consider Coming to America, where the studio clearly had licenses from most of the relevant people.) [read post]
24 Dec 2015, 11:49 am
" (Managing Civil Society--Next Generation NGO Laws and Resistance to the Internationalization of Civil Society and its Normative Elements Oct. 10, 2015) And indeed, one can understand the move toward the management of NGOs in even broader terms. [read post]
11 Aug 2022, 5:49 pm by Rebecca Tushnet
The First Amendment comes in only if it functions as a mark (so far). [read post]
4 Sep 2022, 6:30 am by Guest Blogger
That power, we have come to learn, includes an unchecked ability to maintain control of the very same Court, including through unconventional, unprecedented, and nefarious means. [read post]
24 Jul 2017, 1:12 pm by Bob Bauer
Watergate analogies come cheap, but this one is apt. [read post]
24 Jul 2018, 5:21 am by Robert D. Williams
Chinese entities with links to the government have engaged in cyber-enabled theft of intellectual property that frustrates the emerging norm seeking to restrict state-sponsored cyber theft for commercial purposes. [read post]
30 Nov 2021, 12:47 pm by Neil H. Buchanan
Let me take a moment here to note that I am deviating from my norm today by framing my core argument around a truly excellent op-ed. [read post]
28 Feb 2014, 12:00 am
As read to the Planning and Zoning Commission Wednesday night:    My name is Norm Pattis. [read post]
6 Dec 2019, 1:41 pm
  So I wouldn't make an overly strong (or absurd) claim that political preferences are meaningless, at least as a descriptive (as opposed to normative) matter. [read post]
15 Oct 2018, 5:00 am by Joseph Fishkin
But it is also entirely possible that we might never have righted the ship of rural white minority rule.This time, no court is coming to our rescue. [read post]
28 Jan 2021, 8:23 am by Evelyn Douek
Jacob Schulz has a good summary of the docket here, and Lawfare will have summaries of outcomes in coming days. [read post]
20 Jul 2022, 12:02 pm by Quinta Jurecic, Natalie K. Orpett
What’s concerning is that the committee has apparently produced information unknown to the Justice Department, which is armed with vastly more investigative resources and greater power when it comes to compelling information. [read post]
26 Jan 2018, 5:00 am by Anonymous
When governments convince a platform to ban or support content under CGs, they effectively achieve global enforcement of their own national norms, values, or laws. [read post]
4 Mar 2017, 4:34 am by Benjamin Wittes
”</p> <p> </p> <p dir="ltr">Dustin Lewis, Naz Modirzadeh, and Gabriella Blum <a data-cke-saved-href="https://lawfareblog.com/indefinite-war" href="https://lawfareblog.com/indefinite-war">highlighted</a> how their new report for Harvard Law School argues that… [read post]
14 Jan 2021, 8:01 am by Gary Corn
They come in the midst of a presidential transition and open the possibility that the incoming administration will feel pressure to heed these calls. [read post]
7 Sep 2022, 10:03 am by Neil H. Buchanan
In other words, Neil argues, efficiency is an empty concept that academics and others can fill with their own values and normative commitments. [read post]