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4 Oct 2019, 4:38 pm
Building on these foundations, Rationing the Constitution makes two novel claims: First, judicial capacity limits have especially significant bite—and real predictive power—in many of the most important constitutional domains, spanning federalism, separation of powers, and individual rights. [read post]
19 Feb 2022, 9:31 am
On the contrary, the draft Bill’s Duty of Care would create novel obligations for both illegal and legal content that have no comparable counterpart offline. [read post]
20 Dec 2017, 11:40 am
And this is just another example of how the fourth amendment, which was written 230 years ago, isn't really completely up to the task of handling all the issues that confront us because of modern technology, and this is one of those moments when the court is going to have to really come up with a novel approach. [read post]
14 Jul 2014, 4:45 pm
[T]he Lincoln conspirators’ trial was a matter of paramount national importance and attracted intense public scrutiny. [read post]
25 Feb 2011, 2:06 am
I have reproduced almost the entirety of Wikipedia's entry on the fair use doctrine in italics below, you can find the original here. [read post]
10 Dec 2006, 1:45 pm
[Federal Register: December 4, 2006 (Volume 71, Number 232)][Notices][Page 70434-70440] -------------------------------------------------------------------------------- LIBRARY OF CONGRESSCopyright Office [Docket No. 07-10802]Section 108 Study Group: Copyright Exceptions for Libraries and ArchivesAGENCY: Office of Strategic Initiatives and Copyright Office, Library of CongressACTION: Notice of a public roundtable with request for… [read post]
6 May 2018, 8:35 pm
The Trump administration took the matter to the Supreme Court, arguing that the Ninth Circuit got it wrong. [read post]
2 Nov 2021, 12:26 am
In general, Americans did not seem to mind people coming armed to attend or participate in legislative matters. [read post]
6 May 2016, 12:30 pm
Nov. 2, 2004) (“Under Texas law, all FDA-approved prescription drugs are unavoidably unsafe as a matter of law. [read post]
16 Feb 2020, 11:27 am
We are committed to taking a deliberative and open approach to ensure that we get the detail of this complex and novel policy right. [read post]
25 Oct 2022, 6:30 am
New York: [The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States…. [read post]
4 Jun 2021, 8:50 am
While the critiques of the act’s definition broadness is not totally without merit because it can create uncertainty for developers of AI systems, it’s worth noting that a certain technology falling within the scope of the proposal does not necessarily mean it will be subject to novel legal obligations. [read post]
9 Apr 2017, 8:35 am
The first is an emerging ideology of a non-state system whose organization, at its limits, might parallel that of the state system, but which exists beyond it.13 The second presents as against those two titans, that is of the state and the non-state actor as organizational centers of law systems, a novel edifice: an emerging recognition of self-constituting transnational legal orders.14 This conflict, and its contradictions, are having a profound effect on law—in concept and… [read post]
24 Jun 2019, 6:28 am
For the past two months, the Middle East has teetered on the edge of war. [read post]
12 Jun 2014, 2:45 pm
Nicholas Parrillo This post is part of an online symposiumdiscussing Nicholas Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940(Yale University Press 2013). [read post]
17 Nov 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
14 May 2023, 6:56 pm
" The analysis centers political ideology and its formal expression through law, regulation, guidance, and operational supervision (theory does matter in this context, perhaps a lot). [read post]
21 Apr 2022, 7:28 am
Finland had little say in the matter. [read post]
8 Jan 2019, 6:00 am
Third, as a matter of practice, consular officers and [read post]
23 Mar 2020, 12:29 pm
Mario Diaz-Balart and Ben McAdams became the first members of Congress to announce their diagnosis with COVID-19, the novel coronavirus. [read post]
