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20 Mar 2014, 8:00 am by Matthew Waxman
  In fact, his brief allusion to international norms comes in his answer to a question about how to strengthen deterrence. [read post]
19 Mar 2014, 3:28 pm by Steven R. Morrison
 I have documented many cases where the normative (and perhaps constitutional) answer is "yes." [read post]
18 Mar 2014, 3:06 pm by Bob Lawless
Impressively, all of this research comes in a readable and concise paper that focuses primarily only on describing the world as it is. [read post]
17 Mar 2014, 9:01 pm by Joanna L. Grossman
The court’s reasoning is discussed below, but it comes against a backdrop of a general law of dress and grooming codes that should be discussed first. [read post]
17 Mar 2014, 2:13 pm by Benjamin Wittes
Because these interactions are more memorable and important, many people believe that full identification is the norm, but it may not be as strong as they believe. [read post]
17 Mar 2014, 8:42 am by Marty Lederman
  Simon Lazarus, then of Arnold & Porter, wrote to the Solicitor General that the amicus brief would inevitably be seen as undercutting the SG’s brief for the federal defendants, and that if the dual-filing practice were to become the norm, the stature of the Department and the “unique status” of the SG’s Office “would necessarily be diminished. [read post]
14 Mar 2014, 1:05 pm by Guest Blogger
Reputation is barely protected through our IP system (although trademark law comes close but works only for some and in limited situations). [read post]
13 Mar 2014, 5:29 pm by Lisa Larrimore Ouellette
Their paper identifies and attempts to remedy two obstacles to such analysis: (1) ambiguity about the normative baseline (what is the goal?) [read post]
13 Mar 2014, 6:43 am
Coming back to the question of whether states and their military commanders have an obligation to use drones in the context of an armed conflict, the articles that although there are no treaties that deal specifically with the use of drones in armed conflict and no customary norms obligating the use of drones, such a duty may be derived, by way of nuanced interpretation, from the cardinal principles of the law of armed conflict. [read post]
13 Mar 2014, 4:11 am by Benjamin Wittes
  The most relevant law of war norms were drafted for lawful combatants in an international armed conflict, not for non-international armed conflict against unprivileged belligerents. [read post]
13 Mar 2014, 3:28 am by Dan Harris
I actually think that my own law firm’s Asian plans are the norm, at least if our conversations are a good yardstick. [read post]
12 Mar 2014, 10:06 pm by Buce
 In Weiner's telling, the norm of the clan is the clan itself. [read post]
12 Mar 2014, 4:39 pm by Marty Lederman
  However modest its language might have been, there is no doubt that SB 1062 was designed—and widely understood, including by Governor Brewer—to reflect a legislative view that commercial actors should be afforded religious exemptions much more often than they have been in the past (i.e., never), including when it comes to antidiscrimination norms. [read post]
11 Mar 2014, 8:09 pm by Guest Blogger
   The first shortcoming we consider is the persistent ambiguity in IP scholarship about the normative baseline. [read post]
11 Mar 2014, 7:31 pm
This paper considers both the challenges of the arguments for the institutionalization of NGOs within the normative framework of the UNGP and the strengths of their critique of the WG for missed opportunities. [read post]
11 Mar 2014, 9:04 am by Jen Reynolds
In the real world, negotiation comes in many different shapes, not just circles and squares. [read post]
11 Mar 2014, 7:53 am by Guest Blogger
I very much look forward to hearing more thoughts on these topics over the coming weeks, both from conference participants and from the broader innovation law community! [read post]
11 Mar 2014, 1:00 am
The moral of the story is not to go out and find the next big thing before anyone else does, but to re-engineer your business now to accommodate what you already know is coming. [read post]
9 Mar 2014, 9:01 pm by David S. Kemp
Testimony of Peter Jaszi Professor Peter Jaszi testified that, in his opinion, fair use does not need legislative “reform” so much as “certain kinds of legislative support in years to come—especially relief from the operation of other statutory provisions (such as the current law of statutory damages) that have the unintended consequence of discouraging its legitimate exercise. [read post]