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10 Mar 2023, 6:05 am by W. Casey Biggerstaff
Proponents of adhering strictly to classic (or “absolute”) neutrality rules, such as those outlined in the 1907 Hague Conventions V and XIII Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land and in Naval War, argue that certain types of support violates neutral States’ legal obligations of abstention (or non-participation) and impartiality and thereby constitute a breach of international law. [read post]
The book, published by Cambridge University Press, is available for free download via Open Access on Cambridge Core. [read post]
Disrupt & Dismantle Threat Actors Pillar 2 discussed the commitment to use “all instruments of national power to disrupt and dismantle threat actors whose actions threaten our interests,” focusing on heading off “sustained cyber-enabled campaigns that would threaten the national security or public safety of the United States. [read post]
1 Mar 2023, 4:05 pm by Lawrence Solum
With this history in mind, along with (i) foundational principles of state judicial practice and (ii) the shortcomings of the United States Supreme Court’s approach to fractured opinions in Marks v. [read post]
1 Mar 2023, 3:00 pm by Ronald Mann
ShareIf the justices’ comments during Wednesday’s argument in New York v. [read post]
27 Feb 2023, 11:37 am by David Kopel
[About the same as other rifles] Several federal and state courts are relitigating the constitutionality of "assault weapon" bans after the Supreme Court's decision in New York State Rifle & Pistol Association v. [read post]
26 Feb 2023, 6:00 am by Lawrence Solum
Before we get into the background and complications, let us briefly state the core idea of John Rawls's idea of public reason--the version of the idea that has been most influential in legal theory. [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
McKenna: we can’t really mean that a state of uncertainty is actionable—if we did, “I don’t know whether X makes this” would be actionable/part of the “confused” group. [read post]