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18 Nov 2011, 6:30 am
The Future This case signals that New York courts will take a very broad approach when it comes to future Section 230 cases and may outright dismiss claims when the site operator has exercised traditional editorial functions on the third party content. [read post]
18 Nov 2011, 4:27 am
This example teaches us how notions of dignity and responsibility-rights come at a price. [read post]
17 Nov 2011, 12:23 pm
It comes from the emerging interdependence between states that requires cooperation. [read post]
17 Nov 2011, 9:12 am
Measuring sustainability commitments in the same manner as any other investment is rapidly becoming the norm. [read post]
17 Nov 2011, 8:19 am
Lawsuits involving morbid obesity are on the rise and come in many shapes and sizes. [read post]
17 Nov 2011, 8:19 am
Lawsuits involving morbid obesity are on the rise and come in many shapes and sizes. [read post]
17 Nov 2011, 3:40 am
The chapter argues that while the Responsibility to Protect has developed with extraordinary speed, it is still a norm in development rather than a binding legal rule. [read post]
16 Nov 2011, 11:26 am
As a taste of what's to come, here's the updated section as further revised to include this latest Strine opinion: Using Earnout Clauses to Adjust the Price Ex Post: Because valuation is such an inexact science, the parties may not be able to agree on a definitive price. [read post]
16 Nov 2011, 11:08 am
Presumptive Amount of Temporary Maintenance Unjust or Inappropriate Where There Were Substantial Marital Assets Subject to Equitable Distribution, and Plaintiff Waited 3 ½ Years Prior to Seeking Temporary Maintenance In Salai v Salai, --- N.Y.S.2d ----, 2011 WL 5526030 (N.Y.Sup.) [read post]
16 Nov 2011, 10:39 am
To paraphrase Wendt, sovereignty is what states make of it, and states’ identity as such has come to comprehend a downsized version. [read post]
16 Nov 2011, 9:06 am
Over the past thirty years, lawyer advertising has become the norm. [read post]
16 Nov 2011, 7:48 am
By designating certain individuals or groups as outsiders since they do not conform to, or are not amenable to community norms has sometimes justified extreme measures. [read post]
16 Nov 2011, 2:05 am
Being part of the highest policymaking circles allows CC to make its views heard and to participate in the next generation of norms. [read post]
15 Nov 2011, 9:01 pm
Congress said that problem could be traced to the economic norms in the medical insurance industry. [read post]
15 Nov 2011, 4:27 pm
They'd have it coming. [read post]
15 Nov 2011, 1:16 pm
In their discussion of naming and shaming in human rights, Oona and Scott seem closer to the instrumentalist than the normative explanation. [read post]
15 Nov 2011, 12:26 pm
I just thought that coming in. [read post]
15 Nov 2011, 5:29 am
Thus, using this term to describe the Court's decision on the Affordable Care Act is descriptive rather than normative. [read post]
14 Nov 2011, 8:31 pm
Drawing on insights from bioethics and the philosophy of identity (especially Derek Parfit’s work), I show why the BIRC justification, at least stated as such, is problematic both as a normative and constitutional matter: unless the state’s failure to intervene would foist upon the child a “life not worth living,” any attempt to alter whether, when, or with whom an individual reproduces cannot be justified on the basis that harm will come to the resulting… [read post]
14 Nov 2011, 7:41 pm
And personal safety seems like the kind of issue for which market failure would be the norm even if there is better disclosure of crime statistics.) [read post]
