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23 Jul 2014, 8:48 am
(Pix (c) Larry Catá Backer 2014)--> Division stalks the global community of business and human rights, which today appears riven by a fundamental difference of ideology. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
20 Jul 2013, 10:39 am by Larry Catá Backer
(Pix (c) Larry Catá Backer 2013) In his 2004 Storrs Lecture, Gunther Teubner asked:how is constitutional theory to respond to the challenge arising form three current major trends—digitization, privatization and globalization—for the inclusion/exclusion problem? [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
8 Dec 2021, 5:21 am
 The extraordinary  Ngoc Son Bui (my interview with him here) has organized a very interesting workshop (Constitutional Law of Greater China, 9-10 December 2021, Oxford Programme in Asian Laws) around essays that will be contributed to a Handbook of Constitutional Law in Greater China that is likely to become a standard in the field and an important reference for anyone interested in issues of Chinese constitutionalism (Program here). [read post]
15 May 2019, 7:21 pm
I am delighted to announce the publication of  "Next Generation Law: Data-Driven Governance and Accountability Based Regulatory Systems in the West, and Social Credit Regimes in China," Law &: Southern California Interdisciplinary Law Journal 28(1): 123-172 (2018).In the contemporary world, compliance systems and policing are quickly replacing law and the traditional methods of enforcement (either organic or positive law) as the framework through which collectives (the state, the… [read post]
20 Nov 2013, 7:41 pm
My article, "Transnational Corporations' Outward Expression of Inward Self-Constitution:  The Enforcement of Human Rights by Apple, Inc." has just been published and will appear in the Indiana Journal of Global Legal Studies 20(2):805-879 (2013). [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
Lee, that "[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity,” at least where “[g]ranting an exemption . . . to an employer operates to impose the employer’s religious faith on the employees. [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]
13 Apr 2022, 5:36 pm
I am delighted to share the video recording of the  event recently sponsored by the Penn State Law Federalist Society: "Natural Law and the US Constitutional Order" which was held at Penn State law 12 April 2022. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).David BernsteinIn this symposium, my designated task was to review and discuss Part V of Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024) This Part delves into social and economic legislation during the Taft Court era. [read post]
3 Dec 2022, 7:08 am
 Pix Credit hereWhile interest in this case, HKSAR v Lai Man Ling [2022] 4 HKC 410, [2022] HKDC 355, reported in September 2022, may be diminishing, its relevance requires sustained examination. [read post]
22 Sep 2020, 4:00 am by Comunicaciones_MJ
Una vez derrotado en el Senado el nombramiento de Robert Bork, el presidente Ronald Reagan nominó a Anthony Kennedy, que fue confirmado. [read post]
8 Feb 2008, 7:00 pm
– Facebook’s contractual rights to users’ photos problematic: (Spicy IP)PharmaEuropean Commission probes pharmaceutical sector: (Philip Brooks),WHO Board sets course on IP, avian flu, tighter publication policy: (Intellectual Property Watch),India: The Competition Act, patents and over hyped drugs: (Part I - Spicy IP), (Part II – Spicy IP), (Part III – Spicy IP),Ignoring not the solution –… [read post]