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16 Jan 2023, 9:05 pm
In response, I argue that market norms clearly demonstrate that sophisticated parties strongly prefer the awareness rule to the use rule and that they appear to have very strong reasons for doing so. [read post]
6 Apr 2014, 10:51 pm
.: Can International Norms Protect Us from Natural Disasters? [read post]
17 Apr 2019, 9:01 pm
In particular, substantial nonuniformity among the states in the national vote count on the questions of who votes, how the votes are cast, and how they are counted and recounted undermines the normative appeal of the move to a national popular vote, and it raises the specter of electoral crises that can and should be avoided. [read post]
29 May 2013, 1:23 pm
To return to the issue of incentives, let’s look at one more passage from the preliminary statement in this brief: This blatant end-run of copyright law not only threatens to undermine the established legal norms that have long governed course-pack copying, but it comes at a time when Appellants and other academic publishers are investing heavily in publishing and delivering content in digital form. [read post]
21 Nov 2013, 10:04 pm
The exotic suggestion of FDA’s economic analysis is not that people who handle food should wash their hands regularly, but that — depending on how the numbers come out — perhaps it would be best if they didn’t. [read post]
17 Dec 2017, 8:34 am
” This concern comes from a misunderstanding of the size and nature of returns on ordinary investment, and disregard of the taxes paid by the taxable lenders who set interest rates in the market. [read post]
3 Aug 2008, 2:25 pm
This would make sense of "judicial activism," but it is completely unattractive as a normative ideal. [read post]
17 Dec 2023, 9:05 pm
My analysis of the role of dual-class IPOs might also have normative implications. [read post]
17 May 2012, 2:06 pm
The basis for that stronger claim (as I noted in my earlier post) is based on simple economic theory: supply and demand considerations are likely to make apples-to-apples own-versus-rent comparisons come out in favor of renting, rather than buying. [read post]
8 Nov 2008, 8:15 pm
Although moral pluralism has come to be a feature of many contemporary religions, things were not always so, and they are not so with many other religions today. [read post]
3 Aug 2017, 3:00 am
State courts have no role to play in this context since interests disputes are not adjudicated on the basis of legal norms. [read post]
30 Sep 2008, 6:05 am
" I agree, and see abortion as part of a broader set of legal norms and practices that enforce heteronormative gender roles and orthodoxies by regulating sex. [read post]
10 Jan 2012, 11:22 am
The last time the Court heard this case, in an earlier version, Justice Thomas had written a separate opinion essentially dismissing as out of date the constitutional norm of giving broadcasting fewer First Amendment rights than other media enjoy. [read post]
15 Apr 2019, 6:57 am
Last minute stays should be the extreme exception, not the norm. [read post]
4 Aug 2020, 9:03 pm
Such a conclusion would certainly come as a surprise to most Presidents. [read post]
18 Sep 2022, 4:27 am
We might ask, "Where does the 'extra' meaning come from? [read post]
21 Sep 2021, 1:44 pm
It held “existing conditions” at the time of NOP issuance or commencement of environmental review is the “norm”; that lead agencies have substantial discretion in setting the normal “existing conditions” baseline based on substantial evidence; that the use of multiple baselines is permissible (so long as the existing conditions baseline is included); but that sole use of a predicted future baseline (omitting any existing conditions baseline)… [read post]
26 Aug 2017, 2:13 pm
Those challenges come from different quarters. [read post]
9 Jun 2010, 8:13 pm
Responsible for the continued provision and improvement of service, [the regulatory commission] comes increasingly and understandably to identify the interest of the public with that of the existing companies on whom it must rely to deliver goods. [read post]
12 Aug 2011, 6:24 am
Puddy would come to court and it was unlikely he would commit any criminal offences while on bail. [read post]
