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  The Court recognized that planning is a legislative function under California law that is therefore “presumptively the proper subject of popular initiative” (De Vita, supra, 9 Cal.4th at 774-777); it observed that “[t]he amenability of land use and planning measures, such as the general plan, to the power of initiative and referendum is not a novel issue in this state,” citing decades of its own precedents holding that zoning ordinances can be amended by… [read post]
18 Sep 2017, 11:50 am by Harold O'Grady
We see Presidents “passing laws” in a de facto fashion and refusing to enforce laws duly passed by Congress although sworn to do so. [read post]
13 Sep 2017, 1:53 am
 The discussion would certainly lend itself to a good old-fashioned exercise of legal interpretation juggling between legislative intent, statutory wording and the 'ordinary meaning' judges are expected to presume from such wording. [read post]
6 Sep 2017, 11:14 am by sophia
Congress fashioned this balance so that federal prosecutors could bring to justice culpable companies while still ensuring that free speech and innovation could thrive online. [read post]
5 Sep 2017, 1:12 pm by Garrett Hinck
In addition, this person will make regular contributions to the popular press, including op-eds and media interviews. [read post]
4 Sep 2017, 9:01 pm by Joseph Margulies
The logic of the carceral state is so deeply embedded in popular thought that many people cannot imagine alternatives. [read post]
1 Sep 2017, 6:26 am
The fruit quickly became a popular street food throughout America, but the surge in urban migration and lack of sanitation regulation posed a major problem in cities. [read post]
28 Aug 2017, 11:19 am by Matthew Kahn, Vanessa Sauter
In addition, this person will make regular contributions to the popular press, including op-eds and media interviews. [read post]
27 Aug 2017, 7:36 am by Gritsforbreakfast
In the inaugural rendition, Texas Defender Service Executive Director Amanda Marzullo and I discussed a proposal popularized by Fordham law professor John Pfaff in his (relatively) new book, Locked In. [read post]
23 Aug 2017, 9:30 am by Ranj Alaaldin
These groups now spearhead the powerful Popular Mobilization Force (Hashd al-Shaabi), which has been institutionalized into the Iraqi state and functions parallel to a much weaker Iraqi military. [read post]
23 Aug 2017, 8:32 am by Benjamin Wittes
I suppose it may be possible to “bomb the shit out of them” in a fashion that entirely comports with the law of armed conflict. [read post]
16 Aug 2017, 2:19 am by Ben
 A copy of the judgment can be viewed in full here.Vaulin is currently in a jail cell in Poland after the 31-year-old was charged last year by U.S. authorities with running one of the world's most popular places to illegally obtain movies, television shows, songs and video games.Judge John Lee takes up the issue of whether secondary liability for copyright infringement can be extended from the civil realm to the criminal one. [read post]
15 Aug 2017, 6:48 am by Jack Sharman
” Academic analysis bears upon the question of motive in ways inconsistent with popular thinking. [read post]
13 Aug 2017, 3:31 pm
Artificial Intelligence is the latest of a series of stories popularized in the press to scare ( and mobilize) mass opinion to some end (e.g., here and here). [read post]
13 Aug 2017, 6:30 am by Quinta Jurecic
“This is going to be the Democrats’ version of the Benghazi hearings,” wrote a despondent commenter on a forum for fans of the popular left-wing podcast, Chapo Trap House, the day Comey testified. [read post]
3 Aug 2017, 12:10 pm by Benjamin Wittes, Nora Ellingsen
Does he quietly over time install his own team and ease McCabe out in a graceful fashion? [read post]
27 Jul 2017, 12:44 am
This is because price competition is not the only form of effective competition [para 33], and – indeed – “it is on the basis of that premise that selective distribution systems [based on qualitative criteria] should be seen” [para 34].The CJEU has recognized the legality of selective distribution systems based on qualitative yet objective criteria (determined uniformly and applied in a non-discriminatory fashion – including preserving a certain product image)… [read post]
25 Jul 2017, 12:25 pm by Guest Blogger
Corey Robin, a political theorist who has written a popular (if whiggish) history of conservatism, penned a well-circulated n+1 essay arguing that Trump is most akin to Jimmy Carter in the political time model. [read post]