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13 Sep 2012, 9:38 am by Eugene Volokh
., 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 by Austin Sarat and Dennis Aftergut
”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 by Peter Margulies
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 by Jason Rantanen
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 by Nicki Boldt
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 by SHG
” 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 by Gordon Smith
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 by Jacco Bomhoff
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 by Matthew Waxman
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 by Robert Chesney
  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 by Anette Bringedal Houge
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 by SHG
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 by Ilya Somin
Much the same point applies to Trump's deviations constitutional and political norms. [read post]
13 Sep 2022, 11:33 am by Jonathan Bailey
Unfortunately, all three are messy, and it could be years before norms are established. [read post]
21 Sep 2011, 3:59 pm by Bill Callison
  I think B Labs may have come around on this issue. [read post]
23 Feb 2012, 7:05 am by Emma Llanso
"Respect for rule of law" in this context means respect for procedural rule-of-law norms. [read post]
2 Jul 2013, 4:04 pm by Addie Rolnick
   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]