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31 Oct 2022, 11:02 am by Eugene Volokh
" The identified general exceptions are: (1) where "a would-be Doe who reasonably fears that coming out of the shadows will cause him unusually severe harm (either physical or psychological)"; (2) where "identifying the would-be Doe would harm 'innocent non-parties'"; (3) where "anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated"; and (4) where the suit is "bound… [read post]
31 Oct 2022, 5:51 am by David Bernstein
Harvard and UNC classify students based on five racial categories: (1) Asian; (2) Native Hawaiian or Pacific Islander; (3) Hispanic; (4) White; (5) African American; and (6) Native American, says Bernstein's brief. [read post]
30 Oct 2022, 11:24 am
  It is one that would be most unpalatable to many of us who have devoted great efforts to rationalize human right legalities within the process of economic production globally (though why it still does not extend to all collective human activity, and why it is centered on the human rather than on sustainability remain core issues lurking on the sidelines). [read post]
30 Oct 2022, 10:01 am by jonathanturley
That still does not negate the negligence — both direct and vicarious liability. [read post]
28 Oct 2022, 4:00 am by Michael C. Dorf
Because Article II, Section 2, expressly grants the Senate, when acting with a 2/3 majority, to give its advice and consent to treaties made by the president. [read post]
27 Oct 2022, 4:48 pm by David Friedman
  John Locke famously argued that humans acquire ownership over land by mixing their labor with it, clearing the jungle or digging out the boulders, provided that there is as much and as good unowned land left for others, but that solution raises a number of problems. [read post]
26 Oct 2022, 4:00 am by Guest Author
To his credit, Professor Shane does not limit his causal analysis of the bloated and dangerous presidency to the Constitution and its interpretation. [read post]
25 Oct 2022, 3:11 am
The mark would be recognized as such because it points uniquely and unmistakably to that person;3. [read post]
23 Oct 2022, 7:37 pm by Bill Henderson
  Cf Bruce MacEwen, “Introducing the Maroons & the Grays: Part 1,” Adam Smith Esq., June 3, 2019 (making a similar market-segmentation point). [read post]
23 Oct 2022, 7:03 pm by Guest Author
The Federal Trade Commission appears on a collision course with the Supreme Court. [read post]
23 Oct 2022, 6:43 pm
Two sub-questions follow: (1) how does that embedding shape the character of social credit ‘as’ or ‘in’ the cage of regulation through which the rule of law structures of Chinese constitutionalism are ordered; and (2) in what ways does the implementation of social credit through platforms change or displace traditional forms of the administration of law. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
If it is instead an equality guarantee—as John Harrison has argued, and as I have argued in my recent book—then the argument also does not work. [read post]
13 Oct 2022, 1:55 pm by Kevin LaCroix
What data- driven risk oversight processes does the corporation have in place to assess and mitigate the impact of quantifiable securities litigation risk exposures? [read post]
11 Oct 2022, 7:16 am by Kevin LaCroix
John Carney on July 27, that allows companies to also exculpate corporate officers. [read post]