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1 Dec 2014, 9:30 pm
Yet, the mechanics of American educational funding – with half of public school budgets coming from local property taxes – allocate greater financial and teaching resources to already advantaged families. [read post]
1 Dec 2014, 5:01 am
In a ritual that unfortunately has become the norm, tax provisions are enacted for periods of one or two years, so that their renewal provides leverage for members of Congress to extract campaign contributions from those who benefit from the provisions. [read post]
30 Nov 2014, 11:57 pm
But “[i]mmediately after he [Brown] did his body gesture, he comes for force, full charge at the officer” (180:16). [read post]
28 Nov 2014, 12:14 am
Law is a strongly normative phenomenon, and even the most hard-core positivists (like Pessimo) seem to have great difficultly separating the normative from the positive / procedural. [read post]
27 Nov 2014, 3:08 pm
Forte de connaissances juridiques approfondies et d’une expérience de plusieurs décennies, Me Côté apportera une énorme contribution à cette importante institution canadienne. [read post]
26 Nov 2014, 2:15 pm
For now, however, we want to highlight a normative rather than a definitional divide between participants in this discussion that should occasion further reflection among scholars interested in how enforcement discretion operates. [read post]
26 Nov 2014, 8:04 am
Their proposal is to reframe the argument based on the normative claim that law ought to protect people from domination in important realms of their lives, including work. [read post]
25 Nov 2014, 9:30 pm
The report comes at what may prove to be a pivotal time for international negotiations over climate change. [read post]
25 Nov 2014, 5:21 pm
”In his very thoughtful contribution to this symposium, my former OLC colleague Zach Price echoes Dorf's concern: “[I]n the long run,” Zach writes, “Democrats may have more to fear than Republicans from erosion of norms against policy-based non-enforcement. [read post]
25 Nov 2014, 10:30 am
Even in such areas of regulation, however, the constitutional architecture supports an important background norm that executive officials still must seek to effectuate statutory policies. [read post]
22 Nov 2014, 3:33 am
These were the social norms within which people functioned. [read post]
21 Nov 2014, 9:53 am
But it does undermine the norm of majority rule in the House. [read post]
20 Nov 2014, 7:19 pm
(Pix (c) Larry Catá Backer 2014) Influential American academics have been coming around to the notion that the emerging international principles (and structures) of human rights norms and processes ought in some way to apply to U.S: universities--at least with respect to their interactions with their supply chains. [read post]
20 Nov 2014, 4:55 pm
Perhaps, as suggested by Merges, nonobviousness doctrine relies mainly on the mid-level principle of “nonremoval” from the public domain, which might reflect but does not directly engage larger normative questions. [read post]
19 Nov 2014, 9:05 pm
More Than You Wanted To Know: favorable review of new Omri Ben-Shahar and Carl Schneider book on failure of mandatory disclosure regimes [George Leef, Cato Regulation, PDF, related earlier here and here] Colorful allegations: “Tampa lawyers can be questioned about DUI setup claims” [Tampa Bay Times] Intimidation the new norm: FCC head blockaded at his D.C. home to pressure him into OKing net regulation scheme [Washington Post; related, Sen. [read post]
19 Nov 2014, 7:00 am
They’re partly descriptive, partly normative, restating their area of law in the same way a speaker might rephrase a confusing question from the audience. [read post]
18 Nov 2014, 11:58 am
Judge Waits ascends the bench and the hearing once more comes to order. [read post]
18 Nov 2014, 11:52 am
The incident did not even appear on the public online database as is the norm for police calls.Hit-and-Run Football Player May Have Been Guilty of DUIMr. [read post]
18 Nov 2014, 11:16 am
They collide with the norm that legislatures, not executive officers, define crimes. [read post]
16 Nov 2014, 8:00 am
After all, the law is an evolving thing, and when judges make law by holdings of cases they are simultaneously filling gaps in the statutes created by legislatures and responding to the changing norms and mores of a society. [read post]