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7 Dec 2011, 7:52 am by Rick Hasen
The cost of a Type 1 error depends on the likelihood that the constitutional norm will be violated absent the invalidated legislation. [read post]
7 Dec 2011, 5:12 am by Ross Frenett
So I come here before you with respect, understanding, and humility. [read post]
  I focus in particular on two decisions by the Trial and Appeals Chambers, both of which underscore the practical and normative challenges that engagement with local actors presents for the Hague-based Court. [read post]
She goes on to note that the ultimate power and authority to shape norms rests with MEA state parties and not the secretariat. [read post]
Many thanks to Kevin Jon Heller and the team at Opinio Juris for hosting us over the coming week. [read post]
5 Dec 2011, 6:31 am by Howard Wasserman
Should the coercive action take priority because coercive litigation is more common and more keeping with the norms of our adversary system? [read post]
5 Dec 2011, 2:57 am by Dan Filler
  But the only way that our society has even come to tolerate these police norms has been with the tacit agreement that they would not be used on white folks. [read post]
4 Dec 2011, 6:44 pm by Glenn Reynolds
But the only way that our society has even come to tolerate these police norms has been with the tacit agreement that they would not be used on white folks.” [read post]
4 Dec 2011, 4:19 am
Empirical, theoretical, conceptual, and normative analyses all are welcomedInterested persons should submit an abstract of no more than 500 words, plus a short biography, via the online form available here. [read post]
3 Dec 2011, 6:50 pm by Austen Parrish
My last observation relates to a claim that Marko makes about the reason that issues of extraterritoriality have come to the fore now – a topic that Kal raises in his post too. [read post]
2 Dec 2011, 5:46 pm by Zachary Spilman
I’ve experienced nothing in the military that even comes close. [read post]
1 Dec 2011, 4:30 pm by Benjamin Wittes
 Moreover, far from limiting the potential utility of reformed military commissions, norms of constraint actually maximize the legitimacy and effectiveness of the forum with respect to a narrow but critically important set of national security cases. [read post]
1 Dec 2011, 9:48 am by Jacob Katz Cogan
As with other public services that we used to take for granted – schools, prisons, energy utilities and transportation networks – privatization has come to international law.The tasks of this paper are both positive and normative. [read post]
1 Dec 2011, 7:00 am by Kali Borkoski
And the nation saw how Arizonans come together in times of crisis, after the horrific shootings here last January. [read post]
30 Nov 2011, 11:05 am by Orin Kerr
Criminal punishment was relatively rare, and punishment reflected community norms and senses of justice. [read post]
30 Nov 2011, 8:22 am by Kedar
His selection should come as no surprise and it will serve to push this well-respected advocate into the spotlight. [read post]
29 Nov 2011, 4:56 pm by Kirsten Nussbaumer
Here I cannot make a normative case for the advantages of Virtual Representation Theory over Potential Voter Theory (or Actual Voter Theory or Citizen Theory). [read post]