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27 Oct 2023, 5:00 am by Eric Segall
A quarter-of-a-century ago, I wrote an article in Constitutional Commentary about a two-part 1900 law review article written by Arthur Machen which said just about everything that needs to be said about originalism. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Through these cases the High Court elected not to follow the English approach (see Spiliada Maritime Corporation v Cansulex Ltd) which requires that another forum is clearly or distinctly more appropriate. [read post]
23 Oct 2023, 11:39 am by Giles Peaker
But what they do not say, and what they could have said in clear terms (and I think this is germane to the interpretation of the obligations under the Housing Act) is that upon the creation of a statutory periodic tenancy, the deposit having not been secured in relation to the assured shorthold tenancy, a new obligation or a new right to compensation based upon that failure can be founded distinctly and separately on the subsequent alleged breach. (8) In my judgment, although Superstrike is… [read post]
22 Oct 2023, 6:04 am by David Bernstein
While many left-wing Jews have grasped that they wound up political bedfellows with people who at best downplay and at worst celebrate massacring, torturing, raping, and kidnapping several thousand innocent civilians, from babies to the elderly, even those distinctly not on the left have had some epiphanies. [read post]
19 Oct 2023, 2:01 pm by Cory Carlson
The term common law is regularly used by members of the legal profession and lay persons alike. [read post]
19 Oct 2023, 3:27 am
. *** Hence, fraud committed in connection with obtaining incontestable status is distinctly not fraud committed in connection with obtaining the registration itself. [read post]
As we continue to navigate and explore this era of technological transformation, it’s reassuring to know that certain roles remain distinctly human, supporting the importance of human touch in an increasingly automated world. [read post]
18 Oct 2023, 6:24 am by Ronald V. Miller, Jr.
Mesothelioma and lung cancer are somewhat similar in that they both involve the lungs and respiratory system, they are distinctly different types of cancer that originate from different tissue. [read post]
16 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Frank Michelman Warm thanks to good friends for these smart and attentive commentaries. [read post]
Disclosing the “Nature and Purpose” of Charges and Fees When listing any charges or fees, a business would be prohibited from categorizing different charges or fees under the same label if they serve distinctly different purposes. [read post]
6 Oct 2023, 3:52 pm by Jonathan H. Adler
Against these approaches, he argues courts (and other institutional actors) should explicitly interpret the text of the Constitution, statutes, and administrative decrees with an eye to promoting the "common good" as understood in what he calls the classical tradition, meaning that it should be understood in distinctly non-utilitarian and non-individualist terms. [read post]
6 Oct 2023, 12:22 am by David Pocklington
The Society for the Protection of Ancient Buildings gave a distinctly sniffy response to this aspect of the consultation stating: “[6]. [read post]
1 Oct 2023, 3:16 am by Jack Bogdanski
But I distinctly remember several old geezers running the full 26.2 miles back when I was out there. [read post]
29 Sep 2023, 6:30 am
The participants may not expressly call this a “failure”—and indeed they may work mightily to find a “soft landing” that allows them to characterize it otherwise—but it is distinctly an end that is not a going-public transaction or M&A sale that results in returns to all equity holders. [read post]
29 Sep 2023, 6:30 am
The participants may not expressly call this a “failure”—and indeed they may work mightily to find a “soft landing” that allows them to characterize it otherwise—but it is distinctly an end that is not a going-public transaction or M&A sale that results in returns to all equity holders. [read post]
28 Sep 2023, 7:35 pm by Jeralyn
It's also possible that the revelations that emerge in this fraud trial dampen the enthusiasm of his underinformed, marginalized voting base as it becomes distinctly clear Trump has less than zero in common with them. [read post]
27 Sep 2023, 5:50 am by Robert S. Taylor
In addition to an aggregate of distinctly national efforts at emissions reductions, there should be a truly international approach to methane emission reduction that moves beyond the cooperative — yet still separate — efforts for which the Methane Pledge calls. [read post]
26 Sep 2023, 5:55 am by Tess Bridgeman
At the time, ISIS was in open hostilities with the 2001 AUMF’s true target, al-Qa’ida, which rendered it distinctly outside the two-prong definition of “associated forces” articulated by the administration. [read post]