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8 May 2018, 7:53 pm
Today President Trump announced that he was taking steps to "terminating the United States’ participation in the Joint Comprehensive Plan of Action (JCPOA) with Iran and re-imposing sanctions lifted under the deal. [read post]
14 Nov 2016, 3:30 am
In my last post, I considered the possibility that Donald Trump's presidency might be reconstructive and repudiationist. [read post]
14 Sep 2019, 7:03 am
Over at IPWatchdog they have a summary of this week's Senate Judiciary Committee hearing (video recording) on the STRONGER Patents Act, a bill primarily (but not exclusively) put forward and promoted by Senator Chris Coons (D-Del.). [read post]
10 Jun 2016, 5:42 am
Judge Marvin Frankel quickly rejected Ali's meritless Due Process and Eighth Amendment claims, but he went out of his way to signal that perhaps Ali had a valid Equal Protection claim, to which the complaint obliquely alluded, and he invited an amendment to fill out that allegation.Ali's lawyers heeded the judge's suggestion, and re-pleaded with an allegation that the Commission had “on other occasions licensed professional boxers who had been convicted of crimes… [read post]
12 Oct 2017, 2:19 pm
The pleader may not generally deny all the allegations but shall make the denials as specific denials of designated allegations or paragraphs. 4:5-4.Affirmative Defenses; Misdesignation of Defense and Counterclaim A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense such as accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration,… [read post]
10 Jan 2021, 7:27 am
It therefore is disappointing that so many of our fellow Americans see no need for proofs that can persuade those not sharing their affection for their leaders. [read post]
24 Jun 2022, 6:54 am
In any event, the joining of the US delegation to the OEIGWG has (re-)fuelled long smouldering discussions about the prospects of success of the OEIGWG endeavour and the need to explore alternative avenues, such as opting for the treaty design of a framework agreement. [read post]
11 Jul 2022, 6:30 am
In 1994-95, I was a research fellow at Princeton University’s Center for Human Values and witnessed the now famous exchange between Ronald Dworkin and Justice Antonin Scalia on constitutional interpretation. [read post]
13 Aug 2019, 9:44 am
Carlson, EsquirePresidentAmerican Bar Association321 North Clark StreetChicago, IL 60654 RE: ABA Proposed Resolution 114Dear President Carlson:The undersigned members of the American Law Institute (ALI) have recently learned of proposed Resolution 114. [read post]
14 Nov 2019, 6:30 am
For the symposium on David S. [read post]
23 Feb 2016, 1:42 pm
And yet on another sense justice has been profoundly reconstructed in ways that suggest a re alignment of a hierarchy of values as between what is peculiar to China and common to the rest of the world, and also what was central to Chinese self conceptions in the past and toward the future. [read post]
3 Dec 2024, 10:59 am
We should allow Trump’s victory to chasten us, to force us to reflect on why so many of our fellow Americans cast their lot with Trump despite being well aware of his flaws. [read post]
19 Sep 2016, 4:00 am
Laurence H. [read post]
14 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Laura KalmanI’ve never thought him a great President, but I’ve always had a soft spot for William Howard Taft. [read post]
17 Nov 2017, 2:07 pm
The Affair of the Sonic Weapons Attack continues to play out like a slow motion tragedy between the elites of two states who appear incapable of helping themselves but must, instead, bear witness to their character--States playing Atigone and Creon one more time. [read post]
25 Mar 2016, 4:02 am
I elaborate upon this aspect of the "least restrictive means" part of the RFRA test at much greater length in Part IV-B of this article (pp. 438-40), as do my fellow and amici and I at pages 28-29 and 31-34 of this amicus brief in Zubik.Even if it were appropriate to consider a theoretical (but unlikely) legislative enactment as a potential "less restrictive alternative," however, the particular alternative that Justice Alito identified would be far less effective… [read post]
12 Jun 2024, 6:08 am
” One of the Harvard editors acknowledged that this climate made it dangerous to have normal conversations about the merits of the article: “We’re not at a point in time where that debate can happen without your face being put on a truck. [read post]
7 Aug 2015, 8:36 am
” Don’t jeer this fellow out of court simply because he appears a little touched. [read post]
15 May 2019, 10:06 pm
Cecilia Sbrolli re-imagines the decision in the case Fuller v. [read post]
27 Jan 2022, 10:33 am
And if we're going to have to make disclosures, do we want to reassess what we do? [read post]
