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27 May 2015, 9:16 am by Rebecca Tushnet
In 9 years of higher ed exemption, not one reported instance of circumvention leading to infringement. [read post]
11 Jun 2018, 9:14 am by Victoria Clark
Former U.S. deputy secretary of state William J. [read post]
22 Jun 2016, 6:19 am
I was happy to report the publication of Multinationals and the Constitutionalization of the World Power System (Jean-Philippe Robé, Antoine Lyon-Caen, and Stéphane Vernac, eds., Routledge (Taylor & Francis Group) 2016) ISBN: 978-1-4724-8292-1 (hbk); ISBN: 978-1-315-596334 (ebk), with a forward by John G. [read post]
3 May 2014, 10:57 am
I have been considering the development of modern Chinese constitutionalism, and more specifically the unique structures of Chinese constitutionalism beyond the constitutional document and the related issue of its legitimacy within emerging norms of transnational constitutionalism (HERE, HERE, HERE, and HERE). [read post]
25 Jun 2014, 8:25 am
 (Pix (c) Larry Catá Backer 2014) David Bates, began his excellent article on "Political Theology and the Nazi State" with the following quote from Carl Schmitt, Roman Catholicism and Political Form ( G. [read post]
6 Jul 2022, 6:56 pm
It can also be understood as shared perceptions of the meaning of reality backed by massive background consensus (Jürgen Habermas, Between Facts and Norms (William Rehg (trans) MIT Press, 1996); pp. 22, 322); or as biopolitics (the narratives through which social and political power may be normalized over the control and management of the bodies of the living and their relationship to physical and abstract objects and the technologies of control) (Michel Foucault, The Birth of… [read post]
20 Jul 2017, 3:09 pm by WOLFGANG DEMINO
., Petitioners,v.SANTANDER CONSUMER USA INC.No. 16-349.Supreme Court of the United States.Argued April 18, 2017.Decided June 12, 2017.ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.GORSUCH, J., delivered the opinion for a unanimous Court.The Fair Debt Collection Practices Act authorizes private lawsuits and weighty fines designed to deter the wayward practices of "debt collector[s]," a term embracing anyone who "regularly collects or… [read post]
23 Nov 2021, 1:23 pm by Alex Vivona, Sam Cohen
Taiwan’s Defense Ministry reported that the People’s Liberation Army (PLA) sent 117 sorties in September and 196 sorties in October, including J-16 jet fighters, H-6 strategic bombers and Y-8 submarine-spotting aircraft. [read post]
23 Jul 2014, 8:48 am
(Pix (c) Larry Catá Backer 2014)--> Division stalks the global community of business and human rights, which today appears riven by a fundamental difference of ideology. [read post]
18 Jun 2018, 7:17 pm
I am happy to announce the publication of "Chinese Constitutionalism in the 'New Era': The Constitution in Emerging Idea and Practice," which appears in the latest issue of the Connecticut Journal of International Law 33(2):163-213 (2018). [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
Over the last couple of years, I've been looking closely at injunctions against libel, and I've come to agree with the emerging view in recent appellate court decisions -- such injunctions, if properly crafted, are constitutional. [read post]
21 Feb 2017, 6:08 am by Rebecca Tushnet
., 472 U.S. 181, 232 (1985) (White, J., concurring in the judgment). [read post]
13 Nov 2012, 11:54 am
andnbsp;SECURITIES ARBITRATION OUTLINE andamp; READING MATERIALS 1.andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp; Arbitration andndash; Overview andldquo;Equity is justice in that it goes beyond the written law. [read post]
9 Jan 2014, 1:37 pm
Page Keeton, et al., Prosser & Keeton on the Law of Torts §96, at 686 (5th ed. 1984). [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
24 Oct 2020, 3:42 pm by Chuck Cosson
“Tool Without A Handle:  Spirituality, Virtue, and Technology Ethics” "If one loves righteousness, whose works are virtues,She teaches moderation and prudence, righteousness and fortitude, and nothing in life is more useful than these. [read post]