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20 Aug 2015, 11:17 am
It has been suggested that the norm against delegation of legislative power is not loose so much as underenforced. [read post]
19 Aug 2015, 5:52 am
US inaction is thus setting a new norm for cyberspace. [read post]
18 Aug 2015, 9:01 pm
The Sixth Circuit relied, to a great extent, on the idea that if one can act to avoid taking a risk and fails to do so, then one has thereby also failed to manifest an expectation of privacy in avoiding the risk coming to fruition. [read post]
18 Aug 2015, 5:30 am
And I would add, in the same spirit, that much of what animates the content of the Fourth Amendment right of security against unreasonable searches derives quite directly from cultural practices among non-governmental, non-elite individuals, who may reasonably expect privacy when they talk on the telephone,[7] who would typically allow an objecting occupant’s “no, don’t come in” to take precedence over the welcoming co-occupant’s “yes, please do… [read post]
17 Aug 2015, 10:30 am
Sometimes she says that a cultural analysis shows that a certain degree of self-conscious acceptance of cultural influence or incorporation of cultural values is required as a normative matter.This, I think, is a non-sequitur. [read post]
17 Aug 2015, 4:06 am
My goal here is to be informative, not normative, but in what follows, I'm not going hide my views either. [read post]
16 Aug 2015, 11:32 am
When it comes to setting new norms through inaction, though, the most troubling incident is China’s denial of service attack on GitHub. [read post]
16 Aug 2015, 5:30 am
I anticipate that the essays responding to her book, by Jack Balkin, Alan Brownstein,Sherry Colb, Mark Graber, Hillel Levin, Shari Motro, and myself, which will be posted throughout the coming days,will be both interesting and provocative. [read post]
14 Aug 2015, 5:18 am
Meanwhile, nationally, the number of executions and the number of states that allow the death penalty continue to decline, and convicted capital felons in this state remain on death row for decades with every likelihood that they will not be executed for many years to come, if ever. [read post]
14 Aug 2015, 4:00 am
Some are intended to make domestic arbitration more consistent with international norms and practices. [read post]
13 Aug 2015, 10:42 am
Come December 1, dips will be the new dunks for Structured Sentencing misdemeanants. [read post]
13 Aug 2015, 5:30 am
It is important because the way courts consume quantitative evidence too easily glosses over what are essentially conceptual and normative questions and make them appear to be technical or methodological questions. [read post]
12 Aug 2015, 10:06 am
She called her mother and went home.Jane Doe 2's mother testified that on the day of the incident, she received a call from her daughter asking to come home from the after-school program. [read post]
11 Aug 2015, 9:47 am
The tension between ordinary and extraordinary is, in the law, related to the essential juridical tension between facts and norms. [read post]
11 Aug 2015, 8:57 am
But over the last few decades, this foundational assumption has come under scholarly attack. [read post]
11 Aug 2015, 6:41 am
In all these cases, similar elements of large-scale army attacks on entire communities and relative impunity were the norm. [read post]
11 Aug 2015, 6:41 am
In all these cases, similar elements of large-scale army attacks on entire communities and relative impunity were the norm. [read post]
11 Aug 2015, 5:52 am
Still vague, but that’s what comes of blurred lines. [read post]
11 Aug 2015, 5:46 am
This is where real world document drafting comes into play. [read post]
10 Aug 2015, 8:18 pm
It comes as no surprise, then, that a blogger was recently beaten to death in Azerbaijan for insulting a popular Azerbaijani footballer (Azerbaijan journalist dies after beating by football fans, BBC News, Aug. 10, 2015). [read post]
