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15 Nov 2011, 1:16 pm by Gary Bass
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, 5:29 am by Gerard N. Magliocca
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 by Glenn Cohen
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 by Kirsten Nussbaumer
  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]
14 Nov 2011, 12:50 pm by guest-writer
Recent research from the University of Connecticut sheds more light on this gender disparity when it comes to divorce and finances. [read post]
14 Nov 2011, 7:50 am by Stikeman Elliott LLP
Although there is little case law yet in Canada on "gun-jumping", merging parties must be careful in sharing competitively sensitive information - particularly when it comes to observing the applicable waiting period. [read post]
13 Nov 2011, 11:55 am by Edward A. Fallone
All three of these reforms were considered to be tools by which the electorate could ensure that government remained transparent and inclusive: Within a modern democracy, the ultimate normative objective is mass political inclusion: ‘[E]very individual potentially affected by a decision should have an equal opportunity to influence the decision . . . [read post]
13 Nov 2011, 10:25 am by Lawrence Solum
The ex ante/ex post distinction is all about normative perspective. [read post]
13 Nov 2011, 3:45 am
Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment [ie the book will take the willing reader to the outer borders of trade secrecy, if the reader is prepared to go there]. [read post]
12 Nov 2011, 12:56 pm by Rebecca Tushnet
Missed the first day, but here's the second:Panel 5: Social Media, Privacy and the UserModerator: Jonathan Obar (MSU)Matt Jackson (PSU)Concern about exploitation/commodification of user by marketers. [read post]
12 Nov 2011, 7:00 am by Alan C. Milstein
I do not think it is the norm for someone to not do anything when confronted by an old man raping a ten year old boy. [read post]
11 Nov 2011, 2:36 am by SHG
It’s completely unfalsifiable: no matter how disadvantaged men might seem, someone with an ax to grind can always come up with an inventive theory by which it’s really men that are being privileged. [read post]
10 Nov 2011, 3:15 pm by Kaimipono D. Wenger
There are hundreds of examples of minor societal norms — men paying for the date, men taking the combat roles in the military — which potentially give a small tangible benefit to women. [read post]
10 Nov 2011, 1:14 pm by Steve Bainbridge
In order for markets to function properly, principles of basic fairness must become normative. [read post]
10 Nov 2011, 12:10 pm by Mike Scarcella
The Justice Department did not immediately comment this afternoon on the ruling, which comes several days after Howell granted a preliminary injunction blocking the proposed merger. [read post]
10 Nov 2011, 11:42 am by Keith Griffin
In the past year, synthetic funds have come under growing scrutiny by regulators over concerns that investors may not be aware of the risks that the products pose. [read post]