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31 Oct 2018, 3:15 pm by Jack Goldsmith, Benjamin Wittes
In neat script near the top of the document, someone has written, “Filed under seal, March 1, 1974. [read post]
3 Mar 2019, 8:51 pm
The habits of Empire, and the relationships of local elites to an imperial center now appear not in the form of an allegiance to a particular metropolitan state, but rather to a metropolitan apparatus of ideology and its norm structures. [read post]
13 Jan 2022, 5:01 am by Quinta Jurecic
Yet the culture and norms of journalism can still be frustratingly opaque to those who don’t practice it. [read post]
16 Jun 2014, 11:54 am
"Reactionary" responses have meant that the frictions caused by the interference of digital technology in these systems (including copyright) have led to increasingly divergent attempts at solutions, many of them inadequate or contradictory, resulting in imbalances between rights holders, technology providers, lobby groups (or political groups more generally), and that economic interests have come into opposition with social norms which have previously advocated for free… [read post]
29 Jul 2020, 10:31 am by Rebecca Tushnet
Issues still to come: if wm.com might be inherently distinctive, what about washingmachines.com? [read post]
18 Jan 2018, 6:20 am by Jack Goldsmith, Susan Hennessey
We suspect that many who support those leaks in the immediate context may soon come to regret them since the norms that were broken serve important values and may be hard to restore. [read post]
22 Feb 2021, 11:46 am by Rebecca Tushnet
Can we reinvent IP norms to support their artistic intentions. [read post]
31 Mar 2020, 9:07 am by Dustin Lewis, Naz Modirzadeh
But despite some delays, multilateral policymaking on counterterrorism matters, including at the Security Council, seems likely to continue in the coming weeks (including by videoconference). [read post]
25 Oct 2021, 9:36 am by Matthew Anderson
Such destabilization will only increase as temperatures drop in the coming winter months. [read post]
6 Aug 2023, 10:00 pm by Merpel McKitten
For our purposes, we can narrow the issues to harmonization as expressed in EU directives and Regulations, for in them we see the EU’s governing bodies manifesting their intention objectively.Professor Rosati gives high marks to the CJEU in this respect for adapting to ‘new realities and norms’; adding ‘some “flesh” to thinly worded provisions’; by ‘build[ing] a truly internal market for copyright goods and copyright-based services’ and… [read post]
14 Jan 2016, 10:15 pm
The courts extensive recourse to independence of the judiciary and primacy of the judiciary is best seen as being about the derived norms that apply to the case at hand.The catalogue of basic features in Kesavananda has never been treated as an exhaustive and final list. [read post]
17 Oct 2016, 12:33 pm by Benjamin Wittes
And come on: Who was really afraid, and I mean really afraid, of a John McCain presidency? [read post]
11 Nov 2012, 6:41 pm by Andrew Langille
The panel could have easily sent a strong message that actions that debase member of the campus community on the basis of indelible characteristics and violated human rights norms would not be tolerated, but the panel refused to do this and thereby reinforced the normalization of day-to-day sexual harassment, gender-based patterns of exclusions, and the rape culture that exists at the University of Windsor. [read post]
31 Oct 2015, 7:12 pm
However, the normativity of human rights is not exhausted by their institutionalization in the state legal order but at the same time subjects this order to conditions of moral and political legitimacy. [read post]
16 Oct 2018, 6:00 am by Guest Blogger
  The normative consequences of that tactical choice are what require immediate and focused attention from the legal community. [read post]
6 Jun 2015, 9:14 am by Guest Blogger
People are similar in some respects but very different in others when it comes to what they want from their intimate relationships in particular and from their lives in general. [read post]
19 Sep 2019, 10:01 am
In a previous piece, I argued that, whilst rhetorically forceful, appeals to popular will misconstrue the normative force of majoritarian procedures, including our election of legislative representatives. [read post]
14 May 2020, 6:30 am by Guest Blogger
Coming up with a plausible account that authorizes popular defiance or drastic reorganization that doesn’t seem like a free-for-all is much harder than you think.Buckley is right to point out that everyone from James Buchanan to Joseph Story believed that the Union was “perpetual” and could not be dissolved; Lincoln himself rejected the compact theory once the slaveholding states began to take their leave. [read post]