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10 Sep 2014, 11:06 pm by Jeff Gamso
The execution of a person who can show that he is innocent comes perilously close to simple murder.Herrera v. [read post]
3 Jun 2017, 7:23 pm by Chuck Cosson
  Even if it is not descriptively complete, it is normatively useful to consider Internet technologies as “tools you use,” not “a place you go. [read post]
10 Feb 2020, 8:57 am by Rebecca Tushnet
Has looked at 25 terms & conditions so far but more empirical work is to come. [read post]
27 Mar 2020, 10:05 am by Richard Altieri, Benjamin Della Rocca
Many portray them as an “attack on freedom of the press,” while others emphasize that the expulsions come just as the coronavirus pandemic increases the need for reliable information. [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
But the distinction isn’t very clear when it comes to services. [read post]
7 Dec 2020, 1:16 pm by Robert Chesney
For example, the list includes “efforts to understand” malicious cyber activity and to “deter” such activity, as well as “diplomatic and other efforts to develop norms and international consensus around responsible state behavior in cyberspace. [read post]
27 Jul 2022, 10:33 am by Guest Blogger
The classical legal tradition offers an ontology of legal norms, including and subsuming both the positive written law (lex) and background principles of legality (ius), not only the the civil law but also the natural law and law of nations. [read post]
13 Jul 2020, 9:22 am by Eric Halliday
” When it comes to criminal law, the Supreme Court has upheld an expansive interpretation of the Commerce Clause that allows Congress to regulate or prohibit all manner of illegal activity that could have wider interstate consequences. [read post]
24 Jul 2022, 6:47 pm
  Text and images acquire their sacred character by a connection of the sources of holy power--in this case for Meta in the form of the UN Guiding Principles and along with it, a host of named and unnamed international normative rules and law. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
Congress’s general power to control federal officials—including by imposing criminal penalties for obstruction—is constrained when it comes to the president. [read post]
25 Jun 2019, 6:30 am by Guest Blogger
His argument is that the practice and evolution of “constitutionalism” (p. 5) can be explained and normatively justified with reference to two kinds of judicial fidelity: fidelity to meaning and fidelity to role. [read post]
11 Feb 2020, 6:37 pm
  Yet a careful parsing suggests the transformative elements of automated law--though the object remains unchanged (to get people to obey a rule or conform to a norm articulated through law or directive (itself derived from some lawful source created in some lawful manner) but automated in the sense that enforcement does not require the exercise of administrative or judicial power. [read post]
6 Jul 2016, 5:28 am by Orin Kerr
There are other examples that readily come to mind, such as logging onto a computer on behalf of a colleague who is out of the office, in violation of a corporate computer access policy, to send him a document he needs right away. [read post]
16 Mar 2013, 4:58 pm by Rebecca Tushnet
Q: Dietemann: does the case come out differently if he was in an office rather than his house? [read post]
5 Jun 2014, 12:28 am by Katitza Rodriguez
The call comes a year to the day after whistleblower Edward Snowden first revealed details about how government spy agencies, including the United States' National Security Agency, are monitoring individuals on a massive and unprecedented scale. [read post]