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16 Aug 2011, 11:39 pm
Just where did this doctrine come from? [read post]
13 Aug 2008, 2:53 pm
So we are talking about communitarian norms here. [read post]
1 Jan 2010, 7:18 pm
“It is always a pleasure to read Ed Baker’s work, but it is a pleasure tinged by envy, for I inevitably come away thinking, ‘I wish I were that good a scholar,’” said Seth Kreimer, the Kenneth W. [read post]
31 Jan 2010, 4:29 pm
The counter-majoritarian difficulty seems particularly acute when it comes to so-called “implied fundamental rights,” like the right to privacy at issue in cases like Griswold v. [read post]
4 Oct 2021, 5:01 am
" M.O. and M.B. come [read post]
23 Oct 2012, 7:59 am
A final observation comes from the growing body of important work by legal empiricists. [read post]
25 Apr 2022, 9:05 pm
In my article on which this post is based, however, I focus on the doctrinal aspects of the debate, leaving the normative debate for my forthcoming book. [read post]
16 Nov 2010, 8:43 am
The norm if I am your dean will be a teaching load of four courses a year. [read post]
31 Jul 2020, 4:00 am
But it also recognizes the significant impact that a power imbalance between counsel and self-represented litigants may have on the outcome of the proceeding, particularly when it comes to questions of evidence. [read post]
29 Sep 2009, 9:54 am
” Fortunately there are strong legal norms establishing that developers have no obligation to do so. [read post]
14 Apr 2022, 5:54 am
” In 2010, this view was reiterated by then-Judge Kavanaugh respecting the denial of rehearing en banc in one of the Guantanamo cases, in an opinion that is likely to be treated as authoritative in any criminal prosecution brought under any retroactive amendments to the War Crimes Act: “international-law norms are not domestic U.S. law in the absence of action by the political branches to codify those norms. [read post]
9 Jul 2016, 6:50 am
If the Leveson inquiry revealed the tawdry side of the media business in the U.K., however, the Brexit campaign has featured a different kind of journalistic abuse: contempt for basic norms of truth and accuracy. [read post]
29 Nov 2011, 4:56 pm
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]
17 Oct 2018, 9:01 pm
” Trump yet again breaks long-established norms when he feels threatened.In fact, this is not Trump’s first foray into Fed-bashing. [read post]
1 Aug 2022, 9:01 pm
Other states are permitted to use either the federal standard or the California standard, but (unlike California) are not allowed to set their own standards that deviate from the federal norm. [read post]
6 Feb 2022, 3:30 am
Where would the regulatory competency come from? [read post]
19 Apr 2008, 7:32 pm
Indeed I doubt that very many ATS courts even understand that state practice does constitute a source of international law in any real way - it is so alien their domestic sense that law is a rational and rationally established set of norms. [read post]
12 Jul 2021, 11:50 pm
It cannot do so as a subordinate normative legal document (Judgment 3534). [read post]
21 May 2015, 9:01 pm
Minnesota argued that it needed to regulate candidate speech to ensure that the public believes that judges are sufficiently open-minded about important matters that might come before them, an interest very similar to Florida’s goal of “preserving public confidence in judicial integrity. [read post]
6 Aug 2024, 9:05 pm
Therefore, the adaptation I argue for does not authorize the state to handle a corporation’s registration application on normative grounds. [read post]
