Search for: "AMERICAN PRINCIPLES IN ACTIONÂ "
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30 Oct 2022, 4:00 pm
And the challengers’ view of the 14th Amendment as enshrining a neutral, colorblind equality principle is contested by historians and legal scholars who argue that the 14th Amendment (as well as the 13th and 15th) were effectively affirmative-action amendments. [read post]
30 Oct 2022, 11:24 am
Though embraced by many NGOs, this initiative has so far failed to secure widespread support amongst states (see e.g. here and here) with wide divergences remaining regarding the proposed instrument’s objectives and design, as well as its relationship to the UN 2011 Guiding Principles on Business and Human Rights (UNGPs), an earlier soft law instrument championed by governments, businesses and international actors.Yet there may be light on the horizon. [read post]
30 Oct 2022, 3:50 am
Eudaimonia is also viewed as “being and doing good—and as seeking to use and develop the best in oneself in a way that fits with one’s deeper principles … [T]hose who choose to pursue meaning [over happiness] ultimately live fuller—and happier—lives. [read post]
28 Oct 2022, 4:00 am
Perhaps this is a failure of imagination and Shane’s arguments could inspire new legislative action. [read post]
28 Oct 2022, 4:00 am
My chief example concerns evidence that the framers of the Fourteenth Amendment did not regard what we would now call affirmative action as inconsistent of their egalitarian principles. [read post]
27 Oct 2022, 5:55 am
That first decision confined the ATS cause of action to specific, universal, and obligatory norms of international law. [read post]
27 Oct 2022, 4:00 am
Liberal functionalism is just as capable of creating a unilateral President in my view as is formalism, because both are largely devoid of limiting principles (as I wrote in 1995 and in three articles thereafter). [read post]
26 Oct 2022, 5:54 pm
In September last year, China issued the National Human Rights Action Plan (2021-2025), which clearly stated that it would promote responsible business practices in the global supply ch [read post]
26 Oct 2022, 5:16 am
Marine forces will embrace the concept[s] of austerity … limited acquisition … [and] coordinated and integrated supply action using organic operational contracting support[.] [read post]
26 Oct 2022, 4:00 am
(My one quibble is that, as I suggest in my book Principles Matter, [read post]
25 Oct 2022, 10:46 am
Bell, On the Waterfront: Was a Post on this Page the Genesis of an Original Action in the Supreme Court? [read post]
25 Oct 2022, 6:30 am
What Fleming does is to present a supple and sophisticated theoretical structure for what the title calls the “basic liberties” that Americans legitimately expect to be protected in the 21stcentury, which very much includes reproductive choice. [read post]
25 Oct 2022, 6:02 am
Importantly, the American people should be able to weigh the costs of remaining on a permanent war footing. [read post]
25 Oct 2022, 1:50 am
Launch Our Interactive Tool Executive Summary The Tax Foundation’s State Business Tax Climate Index enables business leaders, government policymakers, and taxpayers to gauge how their states’ tax systems compare. [read post]
24 Oct 2022, 10:16 am
The problem is finding someone with standing to allow courts to reach the merits of this unilateral executive action. [read post]
24 Oct 2022, 6:30 am
If anything, it appears that same-sex sexual acts were less accepted throughout American history than abortion was. [read post]
24 Oct 2022, 5:53 am
The fear was that these judicial bodies could have different, or even contradictory, interpretations given that international law lacks the vertical control mechanisms to guarantee uniformity similar to those existing in domestic law, European law, or even in the Inter-American system. [read post]
24 Oct 2022, 4:47 am
In Sage, the Court began with a familiar principle victorious litigants love to hate: “Under the American Rule, a prevailing party” in a breach of contract dispute “may not recover attorneys’ fees from the losing party” unless the agreement contains “express language or indicia of the parties’ ‘unmistakably clear’ intent to indemnify each other for attorneys’ fees in an action between them on the contract”… [read post]
23 Oct 2022, 6:30 am
My post focuses on Chapter 8, where Fleming responds to critics who contend that the equal protection clause provides a superior home for these rights, and on Chapter 10, where he offers prescriptions for future liberal and progressive action. [read post]
21 Oct 2022, 5:01 am
We further hold that the justice court proceedings triggered neither collateral estoppel nor res judicata principles that defeated Stedfast's district court claims, so to the extent that the district court assumed jurisdiction and disposed of Stedfast's claims with prejudice because they had previously been litigated in the justice court, the district court also erred.} [read post]
