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13 Sep 2012, 9:38 am
., identifies the tactics that fellow internationalists can use to help shift American constitutional law to more closely mirror “international law” norms, including when it comes to “hate speech. [read post]
23 Apr 2009, 4:04 pm
If knowledge comes from the synthesis of a literature, as I believe it does, then failures to agree on how to synthesize reflect "known unknowns. [read post]
1 Nov 2020, 9:01 pm
”These moments in our history illustrate that reform can come from any of government’s three branches. [read post]
16 Dec 2014, 6:59 am
Ironically, the CIA’s own response to the SSCI may come closest to a balanced discussion of the real stakes in this debate. [read post]
31 Dec 2014, 7:44 am
It is at this point that Hrdy and Picozzi’s response comes in. [read post]
5 Mar 2008, 6:38 am
The case on which hopes of federalism hang is now Wyeth v Levine, a case set for argument in the coming Fall term. [read post]
14 Jun 2006, 8:59 am
This may seem a Euro-centric or overly positivistic view of the value of international law to the ears of some lawyers favouring a more ‘realistic’ approach; it is supported, however, by the moral value of the norms in question. [read post]
21 Mar 2007, 8:27 am
What's my sense of how Morse itself should come out, regardless of the First Amendment institution issues? [read post]
23 Oct 2018, 3:17 am
” Why Elliot is right wing is unclear, but pretty much the norm these days for anyone challenging Goldberg’s vision of social justice. [read post]
24 Jan 2010, 5:29 pm
This is not the usual unjustified normative argument that we have come to expect from law professors. [read post]
17 Sep 2008, 3:55 am
This is the abstract:Sometime in the future, the current period may come to be regarded as a critical stage in the development of transnational law. [read post]
3 Sep 2013, 11:18 am
My third point is a question I wrestle with in the paper, which is what does all this analysis of threats of war mean normatively for allocating powers of war and peace among the political branches. [read post]
8 Jun 2011, 7:36 am
Certainly they do mean to put the normative question in play, but in doing so they do seem to proceed from the assumption that these uses of force are illegal. [read post]
11 Sep 2018, 1:44 pm
From the body of literature engaging an expressive argument for international criminal justice, comes the emphasis on courts as didactic, or educative – communicative – to the wider society. [read post]
23 Mar 2017, 4:37 am
But in the exercise of their authority, there will be great opportunity for empathy to properly come into play. [read post]
5 Dec 2022, 1:48 pm
Much the same point applies to Trump's deviations constitutional and political norms. [read post]
13 Sep 2022, 11:33 am
Unfortunately, all three are messy, and it could be years before norms are established. [read post]
21 Sep 2011, 3:59 pm
I think B Labs may have come around on this issue. [read post]
23 Feb 2012, 7:05 am
"Respect for rule of law" in this context means respect for procedural rule-of-law norms. [read post]
2 Jul 2013, 4:04 pm
In Brown’s case, we have the possibility of a fit father who needed some time to come to terms with his existing fatherhood while his intimate partnership was dissolving. [read post]