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8 Apr 2013, 7:00 am by Moderator
My clients will be informed of this hike in my engagement letter, so it’s totally transparent.Engagement letters are the norm now in British Columbia and other provinces. [read post]
14 Mar 2019, 4:01 am by Stephanie Leutert, Sarah Spalding
This estimate comes from reviewing available CBP inadmissible data and fieldwork along the U.S. [read post]
22 Feb 2020, 9:38 am by Camilla Hrdy
" (Jim Pooley has an article making out this important conceptual distinction, which he wrote in response to Dave Levine and Sharon Sandeen's provocative article opposing federalization, "Here Come the Trade Secret Trolls. [read post]
23 May 2022, 9:41 pm by David Super
  This may make some political sense – those in the middle three quintiles are more likely to join a battle against “the one percent” if they believe that the proceeds of any redistribution will come to them. [read post]
30 Apr 2014, 2:00 pm by Florian Mueller
This here should be my final post for the month (barring unforeseeable events), and I will considerably slow down my blogging in the coming months to about five (and at most 10) posts per month. [read post]
28 Mar 2016, 6:28 am by Douglas Cantwell
” It will be worth noting what, if anything, the Assad regime says about the Haji Imam raid in the coming days. [read post]
1 Oct 2019, 9:31 am
For a Treaty built on the foundations of the critical importance of monitoring for prevention, mitigation and remedy, it seems odd indeed that except for this provision the Treaty appears indifferent to any composition of a duty on states to more precisely monitor compliance and to monitor their own behavior either with respect to their Treaty duties or with respect to their own independent obligations under international law and norms. [read post]
4 Mar 2018, 9:35 am
  At their extremes each interpretation comes close to the sort of "leftist" and "rightist" error that itself constitutes a breach of the fundamental line (and obligation) of the CPC as a whole. [read post]
13 Apr 2016, 4:13 am by Doyle Hodges
For those coming somewhat recently to South China Sea issues, this article presents a brief primer on the law and issues surrounding China’s maritime claims. [read post]
8 Jan 2018, 8:20 pm
  One builds here the foundation for asserting liability for violation of international norms and perhaps of international law as well. [read post]
3 Apr 2023, 5:16 am by Minna Ålander
Finland and Sweden applied for full NATO membership—after decades of the closest possible partnerships while remaining formally outside the alliance—because, when push comes to shove, NATO’s collective defense and Article 5 security guarantee, backed by the U.S. nuclear umbrella, is the strongest deterrence available. [read post]
8 May 2023, 6:30 am by Guest Blogger
  If nothing else, the #MeToo movement should have awakened all good people to the ways in which society has imbibed norms of male privilege. [read post]
25 Jul 2016, 12:21 pm by Benjamin Wittes
Conversely, as I have argued before, I think it’s very possible to target political opponents using the awesome powers of the Justice Department without violating any rules—except, of course, the most fundamental norms there are—and without triggering any oversight mechanisms. [read post]
13 Jul 2022, 5:01 am by Paul Ohm, Matthew Tokson
  One of us argued soon after Carpenter was decided that it had established a three-factor test that should come to replace the Katz test. [read post]
4 Jan 2019, 9:30 am by Sven Herpig, Ari Schwartz
As governments increasingly find themselves needing information from networked sources for law enforcement, intelligence, and military purposes, one of the most difficult dilemmas they face concerns the use of so-called zero day vulnerabilities—previously unknown flaws or bugs that can sometimes be exploited to gain access to servers that house information or control networks and infrastructure. [read post]
23 May 2014, 10:05 am by Kirk Jenkins
The single biggest part of the court’s civil docket comes from Chicago’s First District, which comprises between 30 and 40 percent of the case load each year. [read post]
9 Feb 2015, 5:25 am by Rebecca Tushnet
 A: first sale also comes to mind. [read post]
9 Sep 2013, 6:36 am by Rebecca Tushnet
—that the court answers in a normative way—consumers wouldn’t expect everyone to do it—but that’s the least of the issues.) [read post]
12 May 2016, 1:55 pm by JB
(This is yet another example of what I call ideological drift.)Conservatives and libertarians have pointed out that legislatures and executive officials often violate important constitutional norms that secure limited government, federalism, and the separation of powers. [read post]
5 Feb 2018, 7:44 am
Among these are that the provisions make it unnecessary to establish that intermediaries have behaved tortiously, that they enable courts to make orders which, because they are purely prospective, are tailored to the situation at hand and that the orders can more easily be fine-tuned in the light of experience.Husovec then turns to an economic analysis of enforcement, which provides the normative foundation for much of the subsequent commentary. [read post]