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5 Mar 2014, 4:21 pm
Bradley Manning, who allegedly leaked confidential government documents, to WikiLeaks, and Andrew ‘Weev’ Auernheimer, who allegedly hacked AT&T’s servers, were both convicted under the CFAA. [read post]
12 Sep 2011, 6:06 am
This post is a guest blog post written by Sarah Phillimore. [read post]
31 May 2023, 2:01 pm
Previously arcane arguments over the constitutionality of the public debt limit now make headlines.[1] At the same time, debate swirls around whether the President of the United States has the constitutional authority, resting on Section Four of the 14thamendment, to ignore the debt limit. [read post]
5 Aug 2020, 4:00 am
Vendors of goods and services utilize standard form contracts to reduce or minimize transaction costs and to ensure consistency in the terms applied to similar transactions. [read post]
31 Dec 2011, 1:48 pm
By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization for Use of Military Force (AUMF) would authorize a future President to place a U.S citizen or resident who is apprehended in the United States in… [read post]
9 Feb 2025, 12:42 am
Pix credit New York Times Happy to share the pre-publication draft of my essay, Cuba and the Constitution of a Stable State of Misery: Ideology, Economic Policy, and Popular Discipline. [read post]
9 Jun 2023, 7:30 am
Buccola’s work, with Alison Buccola, provides as convincing as argument – better than, say, James Bradley Thayer’s defense of Gelpcke v. [read post]
13 May 2016, 7:55 am
(Pix © Larry Catá Backer 2015)In 2012, the American Law Institute (in which I am a member), agreed to launch a revision of its famous and quite influential Model Penal Code to focus specifically on rising issues of "sexual assault and related offenses. [read post]
31 Dec 2014, 11:27 am
SONGS* ABOUT BOOKS &AUTHORS *and some Monty Python and Beat Poetry Click Here for link to Spotify Playlist Radiohead – 2 + 2 = 5 Deborah Pardes – 7th StepMonty Python – A Book At Bedtime Jason Anderson – A Book Laid On It's BindingAngus & Julia Stone – A Book Like ThisBenny's Head – A Bookish GirlAdam's Plastic Pond – A Brief History of English LiteratureThe Gentle Waves – A Chapter in the Life of MathewTom… [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
23 Nov 2013, 3:08 pm
Structural textualism (text in light of overarching principles) --James Bradley Thayer, The Origin and Scope of the American Doctrine of Constitutional Law, 7 Harv. [read post]
29 Nov 2018, 11:58 am
EIGHT CIRCUIT WEIGHS IN ... [read post]
20 Feb 2019, 10:32 am
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
16 Jan 2007, 12:17 am
Criminal Sanction Impact.01/10/07 referred to codes
LAW / CRIM-PROCA1542
Bradley (MS) -- Relates to the payment of a fee for polygraph and related services by persons sentenced to probation following convictions for sex offense crimesSUMM : Add S246-a, Exec L; amd S65.10, Pen L Relates to the payment of a fee for polygraph and related services by persons sentenced to probation following convictions for sex offense crimes; authorizes the commissioner of the Westchester county… [read post]
17 Mar 2021, 5:55 am
Table of Contents Key Findings Introduction R&D Tax Incentives for Innovation R&D Tax Subsidies for Innovation in OECD Countries — Tax Preferences for R&D Expenses — Measuring Tax Subsidies for R&D Spending — Patent Boxes in OECD Countries The Impacts of Tax Preferences on Innovation — Cross-border Shifting and Beggar-Thy-Neighbor Effects A Neutral Tax Policy Approach to Business Investment Conclusion Appendix Key Findings Tax preferences for research and… [read post]
11 Nov 2014, 7:27 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]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
15 Aug 2019, 11:24 pm
Question Raised: Which Way Did the Money Flow? [read post]
17 Apr 2018, 11:29 am
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]
12 Mar 2025, 11:16 am
Pix credit here (Hogarth, the Bench 1758) One of the great taboos of contemporary discussion revolves around the narratives of courts and their role within the political system of this (or in variation any) liberal democratic republic. [read post]
