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19 Dec 2010, 4:30 am
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, 3:10 pm
-Stop completely at stop signs and red lights by slowly coming to a stop. [read post]
18 Dec 2010, 9:07 am
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, 12:15 pm
The court’s analysis was also normative, which is the approach I have advocated to REP questions. [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]
16 Dec 2010, 4:30 am
Green homes like this are becoming the norm. [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
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
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, 5:10 pm
In Rhode Island Family law cases joint legal custody is usually the norm. [read post]
13 Dec 2010, 5:00 pm
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
There are several reasons adjusters are coming and going constantly. [read post]
11 Dec 2010, 3:32 pm
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
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
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
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
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]
8 Dec 2010, 9:08 am
You have to conform to some group norms. [read post]