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14 May 2009, 1:53 pm
In a 1979 piece on the philosophical foundations of First Amendment law, for example, Thomas Scanlon cited subliminal advertising as an example of speech that undercuts or circumvents individual autonomy rather than enabling it: "What is bad about it is not just that it is ‘subliminal,' i.e. that we are influenced by it without being aware of the influence . . . [read post]
16 Feb 2011, 2:16 pm
ADMINISTRATIVE LAW.Raso, Connor N. and William N. [read post]
16 Jul 2023, 9:01 pm
The balance of the Court disagreed with this conduct-based framing of the extraterritoriality analysis and would have held that an infringement claim is domestic if the alleged infringement confused consumers in [read post]
21 Jun 2022, 8:39 am
Here are excerpts from Chief Justice Roberts' majority opinion, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett: [A.] [read post]
20 Feb 2019, 10:32 am
However, Justice Thomas’s dissent argued that the majority’s broad deference to legislative judgment was to “effectively to delete the words ‘for public use’ from the Takings Clause of the Fifth Amendment. [read post]
31 May 2019, 6:00 am
Both sides of the political spectrum agreed that, to defuse a political crisis, the Chief “rewrote” the text of the ACA (per the bitter dissent by his four conservative colleagues), “contorted logic and reason” (per then presumptive Vice Presidential nominee, Paul Ryan), and either “betrayed” conservatives (National Review’s Thomas Sowell) or, in a more generous interpretation, displayed “statesmanship” (The New York… [read post]
8 Mar 2019, 10:46 am
This history also attains greater relevance in light of Justice Thomas’s recent troubling call for the U.S. [read post]
9 Nov 2014, 6:46 pm
--Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum). [read post]
16 Sep 2009, 1:47 pm
(Northborough, MA; George Forde, President) 16 Main Street Property Company (Northampton, MA; Thomas Chow, President) 1700 Main Street Inc. [read post]
3 Jan 2019, 7:35 am
Judge Thomas J. [read post]
9 Dec 2020, 9:01 pm
Justice Thomas recently endorsed Harrison’s view, writing that “[r]emedies ‘operate with respect to specific parties,’ not ‘on legal rules in the abstract. [read post]
9 Oct 2006, 7:37 pm
And the highest task of international law scholarship is to connect that moral vision with law.The normativist positions have been those of the leading theorists of international law of the last generation in the United States - Louis Henkin, Thomas Franck, Henry Steiner and, in the next generation, Harold Koh. [read post]
11 Nov 2014, 7:27 pm
--Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum). [read post]
27 Dec 2014, 2:19 am
The CJEU in Svensson (C-466/12) ruled that a clickable hyperlink (as well as a framing link) to an authorised and publicly available work does not infringe the communication to the public right, because the public is not new. [read post]
18 Jul 2020, 9:40 am
His goal – which I share – is to foster a genuinely pluralistic left, capable of sympathetic – or teeth-gritting – cohabitation with religious minorities, and to frame and justify a rule permitting narrow and burdened exemptions. [read post]
18 May 2023, 1:21 pm
It’s frankly a little shocking to see Justice Thomas come out swinging in favor of algorithms, but here we are. [read post]
23 Feb 2024, 7:30 am
The Court’s invoking of Orwell and its framing of Colorado’s salutary project of protecting LGBTQ persons against discrimination as compelling a governmental orthodoxy echo Meyer and Pierce’s warnings against government engaging in totalitarian standardization of people. [read post]
6 Oct 2023, 6:36 am
In the wake of a riot during the performance of The Isle of Dogs, the dramatists Ben Jonson and Thomas Nashe were sent to prison and the Privy Council threatened to close down all the London theatres. [read post]
24 Jun 2020, 9:26 am
As the world continues its fight against the coronavirus, the U.S. and Chinese militaries are testing each other’s limits in the Indo-Pacific region. [read post]
21 Apr 2022, 7:30 am
” The creative political theorist Deva Woodly (Woodly 2015) has written of a different kind of agenda-setting dynamic, that of shaping “common sense,” changing frames, transforming vocabularies, disrupting the settled bounds of the acceptable. [read post]
