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14 Aug 2023, 4:00 am by Eric Segall
This case, In Re Griffin, according to the authors, "continues to cast a shadow over Section 3 today. [read post]
30 Apr 2018, 1:08 pm by Jack Goldsmith
” They’re listening to each other in a way where each is both pushing information to the other and pulling information out of the other. [read post]
25 Sep 2020, 5:54 pm by Mark Tushnet
For ease of exposition, I’ll assume that we’re dealing with a judge who takes a textualist/originalist approach to statutory and constitutional interpretation, but what I have to say applies no matter what the judge’s interpretive approach is, and I’ll occasionally mention how the argument works for non-originalist judges. [read post]
10 Feb 2016, 5:29 am by Ellen Scholl
If you’re looking for some reading material, the State Department cables profiling the Aliyev family are quite colorful and publically available courtesy of Wikileaks. [read post]
27 Feb 2015, 1:06 pm by Rebecca Tushnet
Powerful strategy for transforming codes and conventions in dance: continue to exercise discursive agency through re-presentation and reimagining of established contexts. [read post]
21 Jul 2015, 8:29 am by Lovechilde
  Particularly since 9/11, but really since the Cold War, our foreign policy has been dominated by fear --  resulting in overreactions to real and perceived threats out of fear of attack from abroad and fear of being called weak at home. [read post]
5 Sep 2018, 1:39 pm
Because of these weak indirect network effects, the market for newspaper advertising behaves much like a one-sided market and should be analyzed as such. [read post]
Behind the scenes, many in this camp believe that nothing is scarier than the statement “we’re the government, and we’re here to help. [read post]
3 Apr 2020, 5:00 am by Jakob Bund
Noting the difficulty of assessing the effectiveness of the indictment strategy conclusively, Goldsmith and Williams pointed out that a lasting deterrence effect had not materialized and argued that, without the ability to redress the called-out cyber intrusions, indictments might give rise to impressions of weakness and prove self-defeating. [read post]
27 Feb 2017, 10:00 am by Steve Vladeck
 by re-nominating and re-confirming the military judges to be CMCR judges. [read post]
19 Oct 2015, 4:47 am by David DePaolo
“We’re talking about reengineering one of the pillars of social justice that has not seen significant innovation in 100 years,” Minick said.That's not a bad thing. [read post]
7 Apr 2016, 1:09 pm by Alex R. McQuade
” The Telegraph tells us that “the move comes after Britain’s most senior counterterrorist police officer described the bail arrangements as ‘weak and toothless’ in the wake of controversy over the new ‘Jihadi John. [read post]
2 Feb 2020, 11:48 am by Sandy Levinson
It is a cliche that it is often easier to slay messengers whose messages we find repugnant than to address who is sending the messages in the first place. [read post]
11 May 2018, 1:24 am
Interestingly, Dr Drai argued that DR DRE is simply is a combination of “two common elements that are inherently weak. [read post]
12 Mar 2020, 1:48 am by Sophie Corke
Therefore, while we might have quite a few EU cases coming out, they’re not really telling us much new. [read post]