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21 Jun 2010, 10:18 am
In future posts, I’ll address Elhauge’s normative argument. [read post]
7 Sep 2012, 8:08 am
(Dale Carpenter) Eighty-seven percent of constitutional law professors back marriage for same-sex couples, and 7 out of 10 believe the federal Defense of Marriage Act is unconstitutional, but only a slight majority of 54% think the federal Constitution requires states to recognize same-sex marriages. [read post]
12 Dec 2008, 5:15 pm
Thus, although it might not quite yet a norm, it nonetheless protected important legal entitlements - human rights. [read post]
11 Aug 2011, 8:30 am
Traditional telecom model: user is a potted plant subject to network effects; value added comes from investment not from users. [read post]
6 Nov 2008, 8:37 pm
On Wednesday, Christine Korsgaard delivered the annual Dewey Lecture in Law and Philosophy. [read post]
11 Oct 2011, 5:23 am
Wherever you come down, remember that originalism is a choice. [read post]
4 Oct 2017, 7:19 am
First, it noted, “the determination whether a norm is sufficiently definite to support a cause of action should (and, indeed, inevitably must) involve an element of judgment about the practical consequences of” allowing litigants to rely on that norm. [read post]
10 Sep 2014, 9:01 pm
” The author of the New York Times article noted above approvingly quotes that definition, which comes from Wikipedia. [read post]
12 Jul 2012, 3:25 pm
Is it normatively desirable that LCW so trump legal reasoning? [read post]
13 Jul 2011, 10:13 am
I take Jonathan’s point on both my hawkishness and my turn towards law over community norms. [read post]
“Copyright law serves public ends by providing individuals with an incentive to pursue private ones”
16 Mar 2015, 5:13 am
Conceptual and Normative Role of Property and the Public Interest More recently, scholarship has described how property rights serve public values both conceptually and normatively. [read post]
24 Jul 2017, 7:57 am
First, it noted, “the determination whether a norm is sufficiently definite to support a cause of action should (and, indeed, inevitably must) involve an element of judgment about the practical consequences of” allowing litigants to rely on that norm. [read post]
6 May 2021, 4:00 am
But it is also a form of human communication that we are unaccustomed to and certainly does not come naturally. [read post]
28 Oct 2016, 4:42 am
” Additional coverage comes from Paige Lavender at The Huffington Post and Emily Crockett at Vox. [read post]
13 May 2009, 4:15 am
Because everyone in the world new that if you attacked a Roman citizen, the full weight of the mightiest army in the world would come crashing about your home and head. [read post]
21 Jul 2010, 8:01 am
I don't like it when memos come from on high at Fox News telling reporters how to spin the news, and I don't like it when the same thing comes from the left.On the other hand, the people who made those remarks were, for the most part, partisan journalists and commentators, not mainline reporters. [read post]
6 Sep 2021, 9:11 am
(Let’s not forget about the possibility of a dinner visit instead of an overnight which actually tends to be the norm). [read post]
20 Mar 2012, 10:56 am
Most industries get decades to evolve, grow and develop social norms before significant government intervention becomes an issue. [read post]
6 Jan 2014, 3:15 pm
In 2014, it’s likely that case is coming to a head. [read post]
9 Oct 2010, 8:02 pm
Hildebrandt expects more layoffs to come. [read post]
