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26 Mar 2013, 11:15 am by Matt Johnston
 Tomorrow's case deals with the Defense of Marriage Act, that rather poorly thought out piece of legislation (the norm for most legislation in the past 20 years out of Congress). [read post]
7 Oct 2021, 1:09 pm by Rebecca Tushnet
[Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. [read post]
13 Jan 2016, 11:15 am by Stewart Baker
Whoever gets the blame, this probably means another aspirational cyberwar norm down the tubes. [read post]
15 Dec 2009, 3:01 pm by IP Dragon
His main point was that China's legal system has different layers, which could each be observed: 1. the factual claim, if a norm is violated; 2. the norm, which is saying that it is illegal to violate a norm; 3. this layer is the meta-layer and is about the legal system game itself. [read post]
13 Feb 2023, 8:55 am by Lawrence Solum
That normative question requires a normative answer, yet there has been very little scholarship systematically analyzing the justifications often given by practice-based theorists for conforming constitutional theories to our social practices. [read post]
18 Feb 2023, 6:00 am by Lawrence Solum
That normative question requires a normative answer, yet there has been very little scholarship systematically analyzing the justifications often given by practice-based theorists for conforming constitutional theories to our social practices. [read post]
6 May 2014, 6:09 pm by Ezra Rosser
This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. [read post]
9 Apr 2017, 8:35 am
I am happy to announce the publication of an article, "The Emerging Normative Structures of Transnational Law: Non-State Enterprises in Polycentric Asymmetric Global Orders," that appears in the B.Y.U. [read post]
10 Jul 2012, 1:55 pm by Beth Stephens
Royal Dutch Petroleum comes from Beth Stephens, Professor of Law, Rutgers-Camden School of Law. [read post]
15 Apr 2010, 6:55 pm by Eric Turkewitz
Here now, coming to you live from his desktop… To those running the 114th edition of the Boston Marathon this coming Monday, I wish you good luck and cool temperatures. [read post]
9 Aug 2021, 5:01 am by Alan Z. Rozenshtein
Both of these possibilities raise questions about the Biden administration’s commitment to restoring the norms of executive-branch functioning. [read post]
10 Oct 2016, 12:07 pm by Benjamin Wittes
But when it comes to investigating or indicting someone, the White House generally makes a point of not getting involved—even in the highest-stakes cases. [read post]
5 Nov 2018, 11:29 am by David Priess
And a seductive middle path may be the worst option of all, sacrificing the moral benefits that would have come with taking a clear stand one way or the other. [read post]
11 Nov 2013, 1:03 pm
All of this disappears at least for a little while during the great period of state building, when we first decide that religion is now taken out of the matrix explicitly, and then we develop a system grounded in a hierarchy of law that implicitly takes in a bunch of social norms, but is grounded in that it is a formalist, singular, vertically arranged system that clusters around the state as the highest form of political organization, cognizant of its responsibility to protect social… [read post]
4 Oct 2021, 3:13 am by SHG
If so, then you have an excuse to come out guns blazing in self-defense. [read post]
11 Mar 2016, 1:25 pm by Rebecca Tushnet
Marvel: a patent attorney who comes up w/shooting web toy. [read post]
11 Aug 2010, 4:11 am
Whenever it comes to implementation of norms pertaining to corporate law or corporate governance, it is the public sector that seeks more beneficial treatment from compliance with various norms, which then makes the task of ensuring private sector compliance more onerous (at least morally). [read post]