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10 May 2023, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
13 Feb 2017, 1:18 pm
On February 7, a three-judge panel—Judges William C. [read post]
20 Sep 2024, 8:26 am
Assiduous readers of this blog will know of my fondness for working through concrete examples to illustrate how, once they come into force (now likely to be in Spring next year), platform illegal content duties under the UK Online Safety Act 2023 (OSA) might pan out in practice. [read post]
20 May 2019, 10:55 am
More recently, the issue came to the foreground when Attorney General William Barr cleared President Trump of obstruction of justice based on a factual record compiled by Special Counsel Robert Mueller, which others argued pointed strongly toward multiple instances of criminal obstruction. [read post]
7 Oct 2013, 8:07 pm
.: Princeton University Press, 1997) (reviewed here); William Michael Treanor, Against Textualism, Northwestern Law Review 103:983-1006 (2009).We also considered the complexity of separation of powers and checks and balances within a government that has vastly outgrown the original conception of state power envision in the late 18th century. [read post]
16 Mar 2014, 4:34 pm
Introduction (This is an adapted version of a presentation made at the S.C Bar Convention). [read post]
6 Jan 2014, 8:30 pm
In 2006 I posited that traditional business governance and emerging internationalist business and human rights frameworks were ships passing in the night. [read post]
19 May 2021, 8:47 am
The futility of congressional lawsuits against the executive branch is thus merely representative of Congress’s larger futility in the face of the executive branch’s institutional advantages in information disputes (the principal one being—in the words of then-OLC head William Rehnquist—that the executive branch has a “headstart” because in these disputes it has something Congress wants and needs only to “maintain the status quo” to… [read post]
2 Apr 2020, 5:00 am
I stood at the witness table, my heart pounding, and raised my hand to take an oath. [read post]
4 Jun 2020, 4:48 pm
An Indian butler is shot on a moonlit island filled with radiant Chinars at the centre of Kashmir’s dal lake. [read post]
29 Aug 2019, 2:39 pm
Another provision of the FSA barred transportation of minors with unrelated adults. [read post]
3 May 2016, 2:41 pm
It will continue to work, barring something unexpected. [read post]
8 Mar 2021, 4:17 pm
WILLIAMS WALK CONDOMINIUM ASSOCIATION, INC., Appellee. 1st District.Contracts -- Noncompete agreement -- Injunctions -- Temporary -- Temporary injunction order is facially deficient because it fails to include specific findings on each of the four required elements needed for issuance of an injunction -- Trial court erred in setting bond amount without conducting an evidentiary hearing. [read post]
11 Oct 2014, 9:45 am
To try to raise the bar can be useful. [read post]
7 Sep 2020, 10:04 am
In short, President Trump has led a wrecking crew (aided and abetted by William Barr and Mitch McConnell) that has severely damaged American legal norms of behavior. [read post]
23 Apr 2017, 1:18 pm
The Motor Vehicle Accident, Death and TextingThis post examines a recent opinion the Supreme Court -Genesee County, New York issued in a civil case: Vega v. [read post]
10 Mar 2024, 7:42 am
Recognizing the worst in government transparency. [read post]
1 May 2020, 12:32 pm
In January 2020, Attorney General William Barr appointed Jensen to review Flynn’s prosecution—an unusual move in line with Barr’s appointment of Connecticut U.S. [read post]
30 Nov 2012, 11:48 pm
The theories of evidence and inference that now dominate the law are firmly planted in the so-called rationalist tradition of evidence scholarship, a tradition that has been masterfully described by William Twining.3 In that tradition, it is axiomatic that all knowledge of facts is merely probable and always uncertain. [read post]
16 Mar 2014, 4:34 pm
Introduction (This is an adapted version of a presentation made at the S.C Bar Convention). [read post]
