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14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
8 Dec 2022, 6:06 am by Chile Eboe-Osuji
The CAVV does not see the logic of distinguishing between the crime of aggression and other international crimes. [read post]
30 Nov 2022, 2:13 pm by Kevin LaCroix
Securities Litigation, the court rejected the defendants’ price impact challenge, explaining that “‘[w]hile it is generally true that in an efficient market, any information released to the public is presumed to be immediately digested and incorporated into the price of a security, it is plausible that complex economic data understandable only through expert analysis may not be readily digestible by the marketplace. [read post]
30 Oct 2022, 10:01 am by jonathanturley
That still does not negate the negligence — both direct and vicarious liability. [read post]
30 Oct 2022, 7:01 am by Andrew Radin
The strategy is a “call to action…to incorporate Allies and partners at every stage of defense planning. [read post]
19 Aug 2022, 12:20 pm by John Ross
  In which the Fifth Circuit determines that Sealed Appellee was not a John Doe. [read post]
10 Aug 2022, 7:00 am by Jon L. Gelman
They may have been exposed to per- and polyfluoroalkyl substances due to the environmental release of aqueous film-forming foam at a Department of Defense location.The diseases covered are the following:            "(1) Asthma diagnosed after service of the covered veteran as specified in subsection                    (c). [read post]
2 Aug 2022, 6:30 am by Guest Blogger
How does better recognition of interpretive pluralism and judicial choice help resolve the formal-moral dilemma? [read post]
18 Jul 2022, 7:27 am by Harbir Deol
It is also likely to incorporate the Critical and Emerging Technologies List Update published in February 2022. [read post]
26 Jun 2022, 12:28 am by Bill Henderson
,” History Channel, Jan 31, 2019; David Huyssen, “We won’t get out of the Second Gilded Age the way we got out of the first,” Vox, Apr 1, 2019. [read post]
21 Jun 2022, 11:30 am by Kyle Hulehan
A similar issue exists with the value-added tax.[15] A further consideration is that tax [read post]