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27 May 2019, 6:17 am by Richard Hunt
The three cases considered together in Adams v. [read post]
22 May 2019, 8:14 am by Sarah Grant
The second covers the Supreme Court’s 5-4 decision in Pepper v. [read post]
16 May 2019, 4:12 am by Edith Roberts
” At The Atlantic, Eric Posner weighs in on Monday’s decision in Apple v. [read post]
15 May 2019, 7:21 pm
Indeed, and slowly at first, the governance techniques of business and the state, especially in the management of economic behaviors, suggested an increasingly important space for systems of discretionary decision-making built on data-algorithm-consequence models as long as these were deployed to further the command of law and the public policies of which law was an expression.[16] It was management that counted, perhaps more than law, and institutions that served principle through the… [read post]
15 May 2019, 6:00 am by Guest Blogger
Balkin, Democracy and Dysfunction (University of Chicago Press, 2019).Jedediah Britton-Purdy[*]This long post sketches two thoughts prompted by time with the wide-ranging, provocative, and fecund letters that make up Democracy and Dysfunction. [read post]
13 May 2019, 4:06 am by Edith Roberts
At CNN, Joan Biskupic explains that “[w]hat happens in [June Medical Services v. [read post]
3 May 2019, 7:21 am by Andrew Hamm
How is it that these clauses from the First Amendment went unaddressed for so long? [read post]
29 Apr 2019, 3:46 am by Edith Roberts
Briefly: Adam Liptak visits The New York Times’ podcast The Daily to talk about Department of Commerce v. [read post]
8 Apr 2019, 1:41 pm by Rebecca Tushnet
The Q is not how to fix a broken whackamole system but how do platforms discharge their duties based on the risk they introduce, not one size fits all [just two sizes, I guess].Stan Adams Center for Democracy & Technology: Directive provisions are fundamentally problematic and unbalanced v. 512. [read post]
1 Apr 2019, 3:54 am by Edith Roberts
Common Cause and Lamone v. [read post]
26 Mar 2019, 10:17 am by Erik J. Heels
v=4K5fbQ1-zps Some took 16 steps forward, some took zero, I took four (but not for the stuff in parentheses). [read post]