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16 Oct 2023, 5:01 am by Eugene Volokh
This strikes me as a difficult question as a matter of social norms, precisely because the problem is so common. [read post]
16 Oct 2023, 4:20 am
Tradition is tradition no matter how ridiculous it is and how much you sweat. [read post]
16 Oct 2023, 2:15 am by Jenni Kovach, IGS Energy
Transparent, Consistent Communication Matters If you want your team to be engaged, they have to be informed. [read post]
15 Oct 2023, 6:30 am by Guest Blogger
For example, in a few short paragraphs on judicial supremacy, Michelman writes that:  “[S]haring of constitutional-interpretive authority can occur through remedial devices such as judicial remands to political branches; through judicial abstentions from rulings on matters or in causes classed as non-justiciable; and through a judicial and a general public posture of (widely) bounded tolerance for constitutional interpretive disagreement — all without unacceptable… [read post]
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
12 Oct 2023, 1:16 pm by Eric Fruits
Section 60506 is explicit that the FCC must “tak[e] into account the issues of technical and economic feasibility” in addressing digital discrimination. [read post]
12 Oct 2023, 6:30 am by Guest Blogger
Even if everyone in a polity has consented to the constitutional essentials, what they have consented to is a matter of interpretation and thus of current contestation. [read post]
11 Oct 2023, 11:55 am by jeffreynewmanadmin
Aftermarket defeat devices significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health and impede efforts by the EPA, states, Tribes and local agencies to plan for and attain air quality standards. [read post]
11 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Karl KlareI am grateful for this opportunity to honor Frank and to publicly acknowledge my debt to him for his mentorship; his enthusiastic participation in several of my initiatives; and for the cherished friendship with him and Ellen. [read post]
11 Oct 2023, 6:21 am
The leap to sentience may not matter for epistemology, action may suffice and the sentience of the episteme a luxury for those who see it as it passes into history. [read post]
10 Oct 2023, 9:01 pm by renholding
Although better than the proposed rule,[1] the final beneficial ownership reporting rule continues to rest on flawed economics. [read post]
10 Oct 2023, 9:26 am by Daniel M. Kowalski
The burden of establishing the nonpolitical nature of the accusation is high under Matter of E-A, 26 I&N Dec. 1 (BIA 2012), as well as the nonseriousness of the crime. [read post]
9 Oct 2023, 11:06 pm by Marcel Pemsel
If the answer to any of the questions in (a) is in the affirmative: (b) What criteria should be used in this case to determine whether the use of an EU trade mark is consistent with honest practices in industrial and commercial matters? [read post]