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20 Jan 2023, 6:30 am
Perhaps the only exception to this concession is what we might call the Dworkinian school—in which I also locate ideas like our gracious host's living originalism—which roots the left constitutional enterprise in an interpretation of the normative principles underlying the constitutional project. [read post]
6 Apr 2022, 6:00 am
European laws and norms more often prioritize privacy. [read post]
5 Sep 2019, 6:00 am
A military response by the United States could come in many forms, ranging from further nonkinetic cyberattacks (in addition to those already undertaken) to limited airstrikes to full-fledged invasion. [read post]
9 Jun 2017, 11:29 am
In yesterday’s hearing, Senator Mark Warner observed “I found it very interesting that … you made clear that you wrote that memo in a way that was unclassified… [W]as that because you felt at some point, the facts of that meeting would have to come clean and come clear … in a way that could be shared with the American people? [read post]
8 Jul 2015, 8:32 am
“With China’s new leadership role in foreign lending and investment comes new responsibilities,” Mr. [read post]
29 Mar 2023, 10:27 am
Thank you for coming today. [read post]
21 Oct 2022, 6:30 am
Fleming’s book therefore supplies a normative argument for what our constitutional system should look like, but it is not clear to me that it demonstrates that the Constitution’s own morality supports that system. [read post]
1 Jun 2018, 5:22 pm
To move from traditional ideologies of law to the managerial ideologies of compliance and accounting may produce a parallel movement from law (as the language of articulation and implementation of norms) to data analytics and algorithms as both the means and the sources of norms. [read post]
19 Feb 2019, 6:46 am
This contact mine has the form of a statutory norm that was intended to quench the flames of dispute over what is art in photography and what isn’t. [read post]
27 Jun 2019, 12:41 pm
That seems likely to come when the board’s charter is released in early August. [read post]
12 Jun 2017, 7:57 pm
He means this refocus as a necessary step away from the now tired (and tiresome) debates about the role and character of "law" (whatever that is coming to mean int his century) and governance (in the form mostly of CSR initiatives, however sourced outside or next to states). [read post]
13 Mar 2018, 7:41 am
CNN reports that even some White House aides working on trade policy didn’t see the announcement coming. [read post]
16 Apr 2022, 6:30 am
Next time, the norms may not hold, and disinformation easily could provide a path to stealing an election under the guise of election integrity. [read post]
8 Apr 2024, 2:03 pm
This does not, however, properly take into account the economic dynamics which underlie the categorizations as they have come to be known. [read post]
21 Aug 2022, 5:06 am
Circuit panel invalidated an FCC rule designed to ensure that material aired by broadcasters was properly identified when coming from a foreign government. [read post]
14 May 2023, 6:00 am
Thus, the normative project of After Misogyny is thinner than feminist common-good constitutionalism. [read post]
1 Dec 2023, 12:35 pm
After Russia invaded Ukraine and Finland joined NATO, it is clear that this "hybrid [type] warfare" combined with disinformation is becoming the norm. [read post]
17 Jun 2015, 12:17 pm
It is vital to see why as our public debate over same-sex marriage comes to a head. [read post]
10 Mar 2017, 11:19 am
The third focuses on emerging systems of governance beyond the state--private regulation, hybrid public-private regulation and social norms. [read post]
26 Jul 2020, 7:01 am
The Battle Between Congress and the Executive Branch Over Yemen According to Foreign Policy’s reporting, the move comes “amid mounting frustration from senior administration officials over informal holds from lawmakers on arms sales to countries like Saudi Arabia and the United Arab Emirates. [read post]
