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17 Apr 2017, 1:26 pm
This is particularly intriguing for the possibilities (and challenges) it may offer through regimes that are based on the privatization of law and the transfer of regulatory hard(er) authority (through contract) in lending institutions. [read post]
10 Aug 2010, 11:42 am by David Walk
The Eleventh Circuit just issued a very interesting recent decision on this topic in Roe v. [read post]
26 Apr 2010, 11:01 pm by Orin Kerr
” This law was passed in response to Zurcher v. [read post]
Military detention may be legitimate for those captured on an actual battlefield, as our supreme court recognised in Hamdi v Rumsfeld. [read post]
4 Sep 2009, 6:12 pm by Dr. Jillian T. Weiss
The US Third Circuit Court of Appeals, covering New Jersey, Pennsylvania and Delaware, recently released a decision in the case of Prowel v. [read post]
4 Apr 2011, 7:02 am by Rebecca Tushnet
Hard decisions, yes, but can develop judges who can do this, espec [read post]
11 Feb 2017, 4:59 am by SHG
All of which raises the hard question: do foreigners get greater protection under the United States Constitution than United States Citizens on American soil? [read post]
5 Jul 2007, 2:50 pm
While the law of unconscionability differs a great deal from state to state, in most states it has two general components: "procedural unconscionability" (that relates to how a contract was formed), and "substantive unconscionability" (which relates to the unfairness of particular contract terms). [read post]
18 Aug 2011, 10:54 am by Jamison Koehler
But it is hard not to admire the French when you are in France. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
  The 9th Circuit in Bosley v. [read post]