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15 May 2019, 7:21 pm
The trend was especially evident in the governance of behavior traditionally beyond the reach of states—transnational economic activity.[10] There was a sense that the appropriate approach to the management of behavior (by states or private institutions) was increasingly centered on the ability of decision makers to deploy data within algorithms to develop finely tuned systems of reward and punishment, which would manage appropriate behavior, hold individuals accountable, and contribute to… [read post]
15 May 2019, 6:00 am by Guest Blogger
In ways that Jack Balkin has parsed as well as anyone (along with his Yale colleagues Reva Siegel and Robert Post), the Constitution stands for political legitimacy, the possible unity of law and justice, and a normative national identity. [read post]
14 May 2019, 7:29 am by Andrew Hamm
The types of people appointed to the court have also changed. [read post]
23 Apr 2019, 5:00 am by Neil Siegel
Examples of such episodes include the President’s efforts to (1) fire Special Counsel Robert Mueller, (2) curtail Mueller’s investigation, and (3) order White House Counsel Don McGahn to deny that the President had previously ordered McGahn to fire Mueller. [read post]
22 Apr 2019, 9:01 pm by Neil H. Buchanan
Many people acknowledge that Reagan would not be nearly conservative enough for today’s Republican Party, yet the press cannot resist labeling as “moderates” conservative extremists like Susan Collins (who actually believes, among other things, that tax cuts pay for themselves—and who claimed to believe that Brett Kavanaugh would not overturn Roe v. [read post]
21 Apr 2019, 9:01 pm by Joseph Margulies
We talked about some of the many battles this interaction has birthed, from massive resistance against Brown v. [read post]
20 Apr 2019, 10:37 am by Bill Marler
The prevalence of Listeria in ready-to-eat meats has not proven difficult to explain. [26, 29] As one expert in another much-cited article has noted: The centralized production of prepared ready-to-eat food products…increases the risk of higher levels of contamination, since it requires that foods be stored for long periods at refrigerated temperatures that favour the growth of Listeria. [read post]
15 Apr 2019, 9:01 pm by Dennis Crouch
  This should lead to a lower level of scrutiny than that faced in Tam v. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
  As social creatures, they are subject to the same pushes and pulls of social psychology that explain most people. [read post]
27 Mar 2019, 1:00 am by Thaddeus Mason Pope, JD, PhD
Disability and Accessibility Jalayne Arias, University of California San Francisco, Alzheimer's Disease in the Workplace: A Framework for Liability Jennifer Bard, University of Cincinnati College of Law, Including People with Disabilities in Federally Conducted, Funded, and Regulated Research Elizabeth Pendo, Saint Louis University School of Law, The Costs of Uncertainty: The DOJ's Stalled Progress on Accessible Medical Equipment Under the ADA Megan Wright, Penn State Law,… [read post]
23 Mar 2019, 7:36 am
The Leftmost City: Power and Progressive Politics in Santa Cruz (Westview Press, 2009).Hine, Robert V. [read post]