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19 Dec 2010, 4:30 am by Jacob Katz Cogan
These two senses of proportionality come into conflict at the ICTY when the only way to preserve defendant-relative proportionality is to scale down the punishment of those who are less culpable – a result which inevitably conflicts with offence gravity proportionality. [read post]
18 Dec 2010, 9:07 am by Adam Goodman
  This differs from the norm where trials take place in specific courthouses based on geographic location and other common factors. [read post]
17 Dec 2010, 9:48 am
We must act now to create new social norms behind the wheel starting first with our youngest drivers,” said Joan H. [read post]
15 Dec 2010, 1:30 pm
My own farmhouse is now in an area of abject poverty and almost no ethnic diversity; the closest elementary school (my alma mater, two miles away) is 94 percent Hispanic and 1 percent white, and well below federal testing norms in math and English. [read post]
14 Dec 2010, 5:17 pm by Steve Bainbridge
Why does that mean the government gets to come along and take it by threat of force? [read post]
14 Dec 2010, 5:00 am by Michael Froomkin
Gore, someone had proposed as a testable hypothesis that an administration that took office thanks to a court ruling of dubious fidelity to stated norms of the rule of law would govern in defiance of those norms.What would we say today about that hypothesis? [read post]
13 Dec 2010, 5:00 pm by Colin Murray
This is potentially costing us £160 million, so we have to come forward with proposals, because I do not want us to spend that money; it is not right. [read post]
13 Dec 2010, 12:39 pm
  With the money coming from an insurance company, most likely. [read post]
13 Dec 2010, 11:51 am by Rebecca Shafer, J.D.
 There are several reasons adjusters are coming and going constantly. [read post]
11 Dec 2010, 3:32 pm by Kenneth Anderson
 That is partly because of my particular substantive view that to an undesirable degree, ICL is coming to swallow the rest of public international law, and so that is partly a normative judgment about it. [read post]
10 Dec 2010, 9:15 am by Norman Gregory Fernandez
Holiday Season: As the year 2010 comes to an end, many people have a chance to wind down, and enjoy the holiday season. [read post]
10 Dec 2010, 7:01 am by Simon Lester
Pauwelyn, Conflict of Norms in Public International Law: How WTO Law Relates to OtherRules of International Law (Cambridge: Cambridge University Press, 2003), 170–71, this is not persuasive.See also Appellate Body Report, EC – Tariff Preferences, above n 54, at paras 101–02, wherethe Appellate Body held that exceptions (containing rights) prevail over prohibitions to the extent ofany conflict. 87 WTO Appellate Body Report, Turkey – Textiles, above n 76, at para 45 n… [read post]
9 Dec 2010, 9:03 pm by Adam Thierer
  Nonetheless, The Master Switch is a profoundly important book that we’ll be debating for many years to come. [read post]
8 Dec 2010, 1:35 pm by Lawrence Solum
Moreover, we have come to see courts’ articulation of law not only as descriptively accurate, but also as normatively desirable. [read post]
8 Dec 2010, 9:10 am
  In the column, I discuss how the necessarily normative concept of "proximate cause" might bear on a court's decision to attribute an exigent circumstance to the police themselves (rather than to happenstance) and thus to deny police the benefit of that exigency. [read post]