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7 Nov 2014, 11:17 am by Rebecca Tushnet
  They saw all the bombers coming back from runs with lots of holes in their wings and relatively few in their engines. [read post]
24 Jan 2017, 6:00 am by JB
   Originalists once read history to support presidential power in the administrative state; a later generation of originalists is now coming up with equally originalist arguments against it. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
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]
5 Sep 2019, 6:00 am by Patrick Hulme
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 by Timothy Edgar, Susan Hennessey
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]
21 Oct 2022, 6:30 am by Guest Blogger
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 by Evelyn Douek, Kate Klonick
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 by Shannon Togawa Mercer, Matthew Kahn
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 by Guest Blogger
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 by Bernard Bell
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 by Guest Blogger
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 by Guest Blogger
  It is vital to see why as our public debate over same-sex marriage comes to a head. [read post]