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7 Apr 2011, 9:36 pm by Peter Tillers
An analogical approach"The paper proposes a normative theory of inferential reasoning in criminal cases. [read post]
13 Oct 2021, 1:07 pm by David Kopel
Indeed, the Constitution, including the Bill of Rights, was drafted and ratified an intent to counter contemporary norms. [read post]
13 Jan 2021, 9:01 pm by Lesley Wexler and Colleen Murphy
Domestic and international law tell us what is legally permissible, but once those limits are established, we still must decide as a normative matter how to move forward in light of recent events. [read post]
Tom Green was convicted in 2001 of four counts of bigamy; he taunted local prosecutors by appearing on popular talk shows to tout his lifestyle and to dare prosecutors to come after him. [read post]
14 May 2015, 8:02 am by Jack Goldsmith
”  It also criminalizes disclosure of the identities of covert agents by others, but only if the disclosure comes “in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States. [read post]
3 Jul 2022, 7:15 am by Guest Author
The only opinion to come close to resolving this issue is Judge Srinivasan’s concurrence in US Telecomm Association v. [read post]
There are strong norms against these kinds of prosecutions of members of the press. 11:17 am: Rep. [read post]
8 Jun 2015, 4:21 pm by Guest Blogger
” Because there is no system of precedent in ISDS, different arbitrators may come to different conclusions without regard for previous rulings. [read post]
20 Jul 2013, 11:55 am by JB
Forum 109, 110 (2013) (“In short, any serious constitutional analysis of the special preclearance system of the Voting Rights Act must come to grips with the special preclearance system that generated the Fourteenth Amendment itself in the 1860s. [read post]
9 Aug 2014, 8:16 am
At the same time, SWFs have come to view IFIs, like the World Bank, as a potential investment aggregator and conduit.[31]This essay takes a first look to the way in which IFIs have also begun to use SWFs in their interactions, with a emphasis on developing states. [read post]
23 Jan 2015, 1:33 am by Lindsay Griffiths
" Viewabill says:  It may come across as unseemly to acknowledge, but at its core, the practice of law is a business. [read post]
2 Nov 2015, 4:47 pm
While there are normative questions to be addressed with respect to delegation (more below), these should not distract from the extant empirical reality. [read post]
1 Jul 2024, 1:20 pm
What comes after Aschenbrenner believes he can see at least the glimmerings of a  possibility--though less so on the generative side. [read post]
3 May 2020, 1:54 pm
It turns out that after years of critiquing China’s surveillance state, come the crisis there were some useful lessons to be learned. [read post]
21 Apr 2022, 7:30 am by Guest Blogger
The question, Levinson rightly asks, is whether these other tools shape the things that “come to a legislator’s” desk and what she is likely to do once they arrive. [read post]
31 Oct 2013, 8:53 am
In these venues, gains are viewed as coming only from new access for U.S. exports and investment, while imports are the unfortunate price that America must pay for such “victories. [read post]
31 Oct 2013, 8:53 am
In these venues, gains are viewed as coming only from new access for U.S. exports and investment, while imports are the unfortunate price that America must pay for such “victories. [read post]
31 Oct 2013, 8:53 am
In these venues, gains are viewed as coming only from new access for U.S. exports and investment, while imports are the unfortunate price that America must pay for such “victories. [read post]
11 Nov 2020, 10:59 am by Benjamin Wittes
” The White House has even gone so far as to instruct agencies to continue preparing its annual budget proposal—which does not come out until February. [read post]