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12 Mar 2023, 4:00 am
The mandatory minimum cannot be justified by deterrence and denunciation alone, and the punishment shows a complete disregard for sentencing norms. [read post]
10 Mar 2023, 5:16 am
(The data for all the charts comes from research I conducted with a large group of research assistants at the University of California, San Diego.) [read post]
10 Mar 2023, 4:30 am
Some of that reluctance no doubt comes from the in terrorem effect of the override possibility. [read post]
9 Mar 2023, 7:36 am
It is a future state where the law is unknowable in real time and on demand, and we can start doing things that we were not previously able to do because the law was either difficult to ascertain or we did not have a normative consensus around what the law ought to be. [read post]
9 Mar 2023, 6:05 am
There were times during the Cold War when we seemed to come close, never more so than during the Cuban Missile Crisis. [read post]
9 Mar 2023, 4:30 am
In my 36 years of experience representing employees I’ve found that retaliation seems to be the norm rather than the exception when it comes to sexual harassment. [read post]
8 Mar 2023, 4:33 pm
Privacy injunctions have become a rarity, while preliminary issue trials on meaning are now the norm. [read post]
8 Mar 2023, 3:02 pm
ODR is now implemented or piloted in at least 200 state and local court jurisdictions, with more to come. [read post]
8 Mar 2023, 5:16 am
” That language might have suggested that the department would come out swinging against Trump in Blassingame—but despite Garland’s rhetoric, it wasn’t initially obvious what position the Justice Department would take. [read post]
7 Mar 2023, 7:57 pm
The ACLS worries about “intimidation,” but you’ve witnessed so many scenes of intimidation behind closed doors and on the quad that you’ve come to accept it as a standard feature of academic life. [read post]
7 Mar 2023, 2:00 am
The central message of the book might be this: AI and its adjuncts are coming to your workplace, home and bedroom soon, if they have not already arrived. [read post]
6 Mar 2023, 11:41 am
Effective Compliance Programs The Compliance Note suggests the following means for minimizing the risk of direct or indirect evasion: Maintain a risk-based approach to sanctions and export controls compliance that fits the mold of the corporate organization; Companies such as manufacturers, distributors, resellers, and freight forwarders are often in the best position to determine whether a particular dealing, transaction, or activity is consistent with industry norms and practices, and… [read post]
6 Mar 2023, 10:44 am
We will continue to monitor developments in this area over the coming months. [read post]
6 Mar 2023, 6:30 am
Thoughtful commentators could thus debate the normative aspects of Schwartz’s aperture-widening approach. [read post]
6 Mar 2023, 2:00 am
Additionally, companies are beginning to come to the realization that insider threats can frequently cause more damage than external cyber threats given employees’ authorized access to critical assets. [read post]
5 Mar 2023, 8:18 am
It doe snot speak to the preservation of specific narraives of social relations--but to the process by which such transformations may in their turn be legitimated and eventually also challenged by what comes after. [read post]
5 Mar 2023, 6:00 am
Even if I consult only my own intuition, I may come to see that my intuitions about particular cases are not consistent at the level of principle. [read post]
4 Mar 2023, 1:20 pm
One moves back, here, decisively from norm to politics, and from certainty to ideology. [read post]
3 Mar 2023, 6:55 pm
It has long been a mainstay of interpretation, especially among jurists, and among those even more passionately embraced by those emerging from the traditions that can be called “common law,” that words ought to be given their ordinarymeaning.[10]Indeed, the good doctors of jurisprudence, especially in the United States and then from there among those who admire this sort of approach, have devoted themselves not merely to the gospel of ordinariness, at least when it comes to… [read post]
3 Mar 2023, 4:29 pm
This was the norm. [read post]
