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2 Nov 2009, 11:22 am by Deborah Schander
"[T]he language about him and the worship offered to him seem utterly remote from the speech of men today and from their pressing needs," the BBC's director of religious broadcasting wrote at the time. [8] Sayers succeeded in this remarkably well -- the characters truly do come to life again, particularly for people who are just used to the text of their preferred Biblical translation. [read post]
2 Nov 2009, 9:20 am
As a field of law which sets up the ways in which society orders resources and human relationships around them, property is typified by the fact that entitlements and obligations in regard to resources regularly implicate numerous parties not only as a matter of abstract analysis, but also in social and economic practice.204 Thus, although property is so laden with values and constant moral, political, and societal inquiries,205 excessive ad hocery aimed at attaining resource-specific efficiency,… [read post]
30 Oct 2009, 4:00 pm
The Miller test anticipates that geographically dispersed communities could have different norms, and in theory an Internet content publisher needs to conform to all of them or at least the most restrictive ones. [read post]
30 Oct 2009, 6:04 am
But it would surprise me if rejection of a resignation submitted by a director who was not elected were to be considered the norm, let alone an act effectively beyond judicial review. [read post]
29 Oct 2009, 9:21 am
You come in here with a skull full of mush, and if you survive, you’ll leave thinking like a lawyer. [read post]
22 Oct 2009, 6:02 am
  Boards and companies should expect a continued spotlight on the issue of board leadership in the coming months. [read post]
21 Oct 2009, 12:00 pm
"upsets first principles of international human rights law" by "invoking only subsidiarity's negative side" without providing mechanisms for international support and consultation, in complement to domestic deliberative processes (p. 454) In other words, the U.S. is still "recoil[ing] when it comes to direct domestic application of human rights treaty norms" in spite of its "strong external and internal human rights commitments" (p.… [read post]
20 Oct 2009, 10:46 am
Based on a background assumption of positivism as the source of substantive norms, the issue for some observers comes down to a clash between pragmatism and formalism. [read post]
19 Oct 2009, 7:48 pm
 I smelled the booze coming from the suspect. [read post]
19 Oct 2009, 1:06 pm by cable&clark
Using human attorney editors to create Westlaw case Headnotes and the Digest system has been the norm for over 100 years, but is it better than the Lexis computer-created headnotes and taxonomy? [read post]
18 Oct 2009, 3:12 am
  Focus on the integrity of the system comes at the expense of the human beings who find themselves engaged in it. [read post]
17 Oct 2009, 2:12 pm
 The controversy comes down to whether the vaccine benefits boys in any way except very minimally (fewer than 1% get the non-threatening genital warts, and of course none get cervical cancer). [read post]
16 Oct 2009, 11:20 am
Given the SCOTUS decision, I should have seen the lawsuit by a black New Haven firefighter coming. [read post]
16 Oct 2009, 9:51 am
  Sometimes private parties have a right of intimate association that we find normatively appropriate -- I have atheistic, Jewish and Christian friends all of whom would not marry outside of their religion and I see no problem with that. [read post]
15 Oct 2009, 10:31 am
In reality, however, relevant standards and systems reflect unstated gender norms about who is sophisticated and skilled when it comes to the markets, and who is not. [read post]
14 Oct 2009, 10:00 pm
And we don't mean because of pronunciation problems.We've been goaded into action, mostly, by a brand new article out of the Northwestern Law School: Redish, Julian & Zyontz, "Cy Pres Relief And The Pathologies Of The Modern Class Action: A Normative And Empirical Analysis," that you can find here. [read post]
14 Oct 2009, 11:20 am
  This is why, for instance, Houston does so well in the lists, because it hasn't distorted its housing market by imposing a high "zoning tax" (or have the benefits that come with zoning.) [read post]