Search for: "Norm Come"
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17 Nov 2022, 4:00 am
Even with Farber’s more plausible normative account, however, I worry that the Court’s vagueness in identifying what counts as a major question invites partisan mischief, already evident in the lower courts. [read post]
Tax Policy Colloquium for November 15: Goldburn Maynard's Biden's Gambit and Wage Enslavement papers
16 Nov 2022, 12:21 pm
" As it notes: "While racial equality has come to connote equal treatment and race blindness," RE is about fairness and anti-subordination, and is "firmly race-conscious. [read post]
16 Nov 2022, 9:18 am
Trump’s announcement comes at a strange moment for representative government in America. [read post]
15 Nov 2022, 11:44 am
Two points to be made: (1) It is the mark of a true scholar to come up with an argument that cuts against adopting his normative priors as the pertinent legal standard. [read post]
14 Nov 2022, 10:00 am
The standard image of a political leader who comes in with a firm policy plan and orders subordinates to implement it was not reflected much in our interviews. [read post]
14 Nov 2022, 4:00 am
Except that perhaps now that Calabresi is coming out for democracy and supporting race-based affirmative action, he no longer counts as an originalist? [read post]
14 Nov 2022, 2:03 am
With greater autonomy comes greater empowerment and responsibility, and it also means that a greater level of trust is necessary. [read post]
14 Nov 2022, 2:03 am
With greater autonomy comes greater empowerment and responsibility, and it also means that a greater level of trust is necessary. [read post]
13 Nov 2022, 3:45 am
When it comes to complex legal matters, lawyers readily accept the cross-functional team approach. [read post]
12 Nov 2022, 10:45 am
Despite the normative ambition of common good constitutionalism, its surprisingly instrumentalist account of bureaucracy reads out the role legislatures and courts play in controlling the pathologies of administrative power. [read post]
12 Nov 2022, 8:38 am
Here, it is evidenced by the alignment of New Era foregrounding on trustworthiness, sustainability, virtue and the like as essential normative elements of Marxist theory and Leninist practice--both of which derive from or adsorb the cultural foundations of the place in which it is rooted. [read post]
11 Nov 2022, 7:30 am
Beyond the possibility of prosecution at the ICC, the Rome Statute also provides an additional mechanism for prosecution of crimes against humanity, as States parties are required to enshrine the Statute’s norms in their national criminal law, through domestication. [read post]
11 Nov 2022, 6:55 am
While mere drops in the bucket, these symbolic gestures can play a role in shaping norms around responsibility, liability, and global solidarity in the future. [read post]
11 Nov 2022, 4:00 am
The first half of the book rather clears substantial brush for an affirmative, normative theory of presidential power. [read post]
10 Nov 2022, 2:12 pm
Special rate for young scholars under the age of thirty coming for the first time and scholars in developing nations: €150 or €75 for Juris Diversitas members who paid their 2022 dues. [read post]
10 Nov 2022, 7:03 am
What comes after? [read post]
10 Nov 2022, 6:05 am
The Black Sea Grain Initiative (BSGI) was in the spotlight recently following a nail-biting attempt by Russia to suspend its participation in one of UN Secretary-General Guterres’ signature humanitarian efforts. [read post]
10 Nov 2022, 4:00 am
One of the progenitors of the effort to involve paralegals in areas of practice traditionally dominated by lawyers identifies an underlying cultural norm as the reason for slow uptake: “Professor Julie Macfarlane…attributes the family bar’s ‘tremendous resistance to loosening [their] grip’ to the ‘underlying…culture…that says lawyers have to have their hands around everything. [read post]
10 Nov 2022, 4:00 am
” Shane employs stimulating historical and political narrative, to demonstrate how the furtherance of unitary executive principles and practices, both explicitly (via the expansion of presidential power as a result of originalist and formalist constitutional interpretation) and implicitly (via the transformation of presidential norms), has benefitted presidents’ political (and personal!) [read post]
9 Nov 2022, 11:41 am
It is necessary to paint the other side in shades of the normatively disagreeable in order to make one's own side more palatable. [read post]
