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11 May 2022, 6:44 am
In turn, it should be transposed in such a way that its normative content – including its safeguards – is not altered. [read post]
7 Aug 2019, 6:57 am
That is, different operations should be resourced differently when it comes to CIVCAS investigations, because the feasibility of conducting such assessments will differ. [read post]
14 Apr 2022, 7:16 am
The lower line between unpeace and peace, however, is largely unclear; nations have not painted it, although many Western states seem to assume that existing international laws and norms of restraint apply to forms of conflict less than war. [read post]
2 Feb 2020, 11:48 am
My most important teacher at Stanford was the great Anthony Amsterdam, who wrote a classic student note on the void for vagueness doctrine in the US Supreme Court and who pointed out that a fundamental norm of due process is that people actually know in advance what kind of conduct will make them liable to lose their freedom. [read post]
19 Nov 2018, 8:17 am
Yet, beginning in 2008 and crystallizing in 2018, there has been a marked convergence in the way that the United States has come to view economics and security, which is likely to profoundly reshape the international order. [read post]
21 Oct 2022, 10:42 am
Indeed, quite the opposite has been the historical norm. [read post]
13 Oct 2017, 8:35 am
Section 108: Sense of Congress on Purpose of Section 702 and Respecting Foreign Nationals Section 108 of the bill includes a “sense of Congress” that Section 702 should respect the “norms of international comity” and avoid targeting foreign individuals based on “unfounded discrimination” or to obtain “commercial advantage. [read post]
16 Oct 2017, 5:00 am
But both the political baggage that comes with the terrorism label and American public perceptions make it far easier to use the t-word when discussing foreign groups than when describing domestic ones. [read post]
4 Jan 2018, 4:00 am
Still, one could argue that there is room to distinguish Does, which involved living detainees, and that the requirement for statutory authorization should be less stringent when it comes to retention of bodies. [read post]
25 Jan 2019, 1:38 pm
” Trademark claims: because the Second Circuit said so, nominative fair use is tacked onto the end of the Polaroid factors, even though (1) that makes the test an even more incoherent mix of normative and empirical parts, and (2) the Second Circuit acknowledged that a number of the Polaroidfactors don’t fit well with nominative fair use situations. [read post]
19 May 2022, 6:26 am
In recent decades, the court has regularly invoked norms included in the Fourth Geneva Convention as a constraint on the authority of the IDF military commander. [read post]
26 Jul 2022, 11:08 am
It falls squarely in the two-clever-by-half hall of fame.Most readers of a column like this one will have come across a very appealing argument that goes something like this:Having "things" makes people happy, and having more things makes people more happy. [read post]
15 Apr 2021, 1:21 pm
Students are at the mercy of private universities when it comes to whether their freedom of speech will be respected. [read post]
5 Mar 2018, 4:00 am
In the worst scenario, an attack that cut submarine cables coming into the United States could significantly harm its access to the global internet. [read post]
9 May 2022, 4:00 am
Bremerton School District, but it did not come from the Democratic appointees, except to the extent that they, along with some of the Republican appointees, thought that the core issue in that case involved the risk of coercing prayer, not endorsement. [read post]
28 Feb 2023, 5:16 am
This year’s Jan. 8 attack on Brazilian democracy drew quick comparisons to the storming of the U.S. [read post]
17 Aug 2024, 6:30 am
In 2023, the Supreme Court invalidated the first effort authorized under the HEROES Act as beyond the scope of that Act’s regulatory authorization.[2] And on August 9, 2024, the Eighth Circuit upheld a district court injunction against the Biden Administration’s SAVE plan, which would have lowered payment amounts, stopped the accrual of interest, and forgiven some loans in as little as ten years.[3] Yet despite this recent flurry of interest, for many decades the United States has seen… [read post]
5 Sep 2024, 6:00 am
And we agree with Novkov that there is much more one could say about the politics of gender, since family structures and norms were so central to much of this policymaking. [read post]
26 Nov 2006, 3:17 pm
The standard comes from manslaughter: you must fall GROSSLY short of the 'standard of care'. [read post]
12 May 2008, 10:10 pm
And so the reality is there is going to be divorce, there is remarriage, there is adoption, there are different kinds of domestic partnerships that have become sort of the norm, and all of this is taken into effect and into consideration in the planning mechanisms. [read post]
