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29 May 2020, 6:10 am
Although German law does not have a concept equivalent to a common law trust, it is possible to appoint a security trustee to whom any non-accessory security is granted to hold on trust for the benefit of the finance parties. [read post]
11 Aug 2014, 7:44 am
RP: I am very attracted to Justice Breyer’s views in Active Liberty. [read post]
18 Dec 2017, 6:00 am
In a similar fashion, because the Constitution disables the president from, for example, violating a person’s life, liberty, or property, without due process of law, such conduct could give rise to “high Crimes. [read post]
24 Apr 2019, 1:48 am
") is an awkward wording for saying that right holders must also do their part and make fair offers, but to the EU Council's translators' credit, this is a context in which it's better to stay close to the original text than to take the libertie necessary to phrase it more elegantly.In paragraph 11: "the obligation to conclude contracts on reasonable terms" (emphasis added)Those are, effectively, references to a FRAND licensing framework. [read post]
26 Oct 2014, 8:23 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
12 Feb 2021, 11:17 am
After all, private property owners and private lessees often open their property for speech. [read post]
15 Jun 2021, 6:11 am
The Thompson decision was released on January 1, 1826 and penned by Judge Van Ness who died later that year. [read post]
17 Sep 2018, 9:30 am
Lawfare, founded as a small blog in 2010, has grown to become one of the nation’s most trusted sources of information and analysis on issues of national security law, covering a broad range of issues from cybersecurity and terrorism investigations to war powers and government surveillance. [read post]
4 Jun 2018, 6:20 am
.: The RAND Corporation will host an evening discussion in partnership with the Pew Research Center on “Truth Decay and Trust in Institutions. [read post]
10 Sep 2018, 7:55 am
Lawfare, founded as a small blog in 2010, has grown to become one of the nation’s most trusted sources of information and analysis on issues of national security law, covering a broad range of issues from cybersecurity and terrorism investigations to war powers and government surveillance. [read post]
4 Sep 2018, 10:17 am
Lawfare, founded as a small blog in 2010, has grown to become one of the nation’s most trusted sources of information and analysis on issues of national security law, covering a broad range of issues from cybersecurity and terrorism investigations to war powers and government surveillance. [read post]
24 Jul 2017, 4:00 am
An accused person has to know the case he or she is facing, and this cannot be done properly with a machine output about which the owner, and the state in the owner’s place, says “trust us”. [read post]
22 Feb 2012, 9:10 pm
And the Commerce Department wrote a pretty good requirements document for what the policy should look like in its recent National Strategy for Trusted Identities in Cyberspace (April 2011). [read post]
8 Feb 2007, 11:15 am
The President must regain the trust of Congress before he can usefully engage in saber rattling. [read post]
9 Nov 2017, 11:28 am
Jewish youth, do not trust the deceivers. . . . [read post]
18 Feb 2022, 2:30 pm
In his work On Liberty, Mill wrote, "No one pretends that actions should be as free as opinions. [read post]
8 Apr 2024, 2:00 pm
Let’s all understand that I’m not going to say I told you so. [read post]
11 Apr 2014, 10:50 am
I’ve just filed an amicus cert petition in DOT v. [read post]
19 Sep 2019, 9:56 am
Randall (1958), which struck down a denial of a property tax exemption to people and organizations that "advocate[] the overthrow of the Government of the United States . . . by . . . violence . . . or who advocate[] the support of a foreign government against the United States in the event of hostilities": [A] discriminatory denial of a tax exemption for engaging in speech is a limitation on free speech. [read post]
17 Oct 2013, 8:37 am
Under the Incorporation Doctrine, American courts have recognized that the Fourteenth Amendment — which forbids states to "deprive any person of life, liberty, or property, without due process of law" — binds states to most of the Bill of Rights, specifically including the Rights in the First Amendment.1 Therefore the Supreme Court has repeatedly recognized that, while schools have significant freedom to suppress speech to maintain discipline, students still have First… [read post]
