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29 Jul 2023, 6:15 am by Lawrence Solum
Many false confessors beat themselves up for ceding the truth about their innocence in favor of a pressurized false narrative of guilt constructed by police officers. [read post]
28 Jul 2023, 12:00 am by Lawrence Solum
Doing nothing cedes the ground to those who would wish to dismantle the rule of law and, crucially, allows those forces to do so in the face of less resistance from those who are best placed to explain what the point of the rule of law is. [read post]
27 Jul 2023, 7:06 am by Dan Farber
However, the two cases seem different to me: Under the Constitution, states retain a sovereign interest in defining the limits of their territories, but they have ceded control over who enters their borders to the federal government. [read post]
16 Jul 2023, 9:01 pm by renholding
As was true last year, the recently completed Supreme Court Term was marked by several high-profile and contentious decisions in which a conservative 6-to-3 majority, for example, ended race-conscious affirmative action in higher education, scuttled President Biden’s student debt relief initiative, and found that the First Amendment protects a vendor’s refusal to design wedding websites for same-sex couples. [read post]
11 Jul 2023, 12:00 am by Lawrence Solum
Claudio Novelli (University of Bologna- Department of Legal Studies; Centre for Digital Ethics (CEDE)) has posted Cancel Culture: an Essentially Contested Concept? [read post]
7 Jul 2023, 12:01 am by Patrick Bracher (ZA)
When an asset (in this case loan account claims) is ceded in securitatem debiti (as security), the principle of parate executie (immediate execution) permits the cessionary (the recipient of the security), upon the cedent’s default, to realise the cedent’s pledged property without following any judicial procedure. [read post]
6 Jul 2023, 6:28 am by David Greene
On that issue we have set a fairly high bar—private entities shall not be considered state actors unless “first, the government replaces the intermediary’s editorial policy with its own, second, the intermediary willingly cedes its editorial implementation of that policy to the government regarding the specific user speech, and third, the censored party has no possible remedy against the government. [read post]
4 Jul 2023, 6:57 am by Randy E. Barnett
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
3 Jul 2023, 5:55 am by Daryl G. Kimball
” If Biden were to reverse his opposition to sending prohibited cluster munitions to Ukraine, it would also cede that moral high ground that has been crucial for sustaining support for Ukraine’s effort to defense itself. [read post]
27 Jun 2023, 12:00 am by Tom Johansmeyer
A Swiss Re report put the rate at which insurers cede cyber to reinsurers at 45 to 50 percent, although some private sources say it could be as high as 55 percent. [read post]
26 Jun 2023, 4:30 am by Michael C. Dorf
EPA, the Court held that states suing the federal government in their sovereign capacity are entitled to special solicitude (more or less) as compensation for having ceded some of that sovereignty to the Union. [read post]
21 Jun 2023, 6:05 am by Daniel Levine-Spound
Russia’s full-scale invasion of Ukraine has focused international attention on the crime of aggression. [read post]
18 Jun 2023, 6:30 am by Ezra Rosser
Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. [read post]
15 Jun 2023, 6:30 am by Guest Blogger
” In other words, Hamilton thought that the Constitution recognized distinct and durable domains of state regulatory authority in which a state would not be required simply to cede to the federal government. [read post]
13 Jun 2023, 4:00 am by Michael C. Dorf
And if Trump somehow managed to win the general election while in federal prison he would either pardon himself or, less dubiously, temporarily cede power to his Vice President via the 25th Amendment, receive a pardon, and then take back power.In my April 12 Verdict column, I imagined Trump resigning and then a process of musical chairs playing out for him to obtain a pardon. [read post]
8 Jun 2023, 5:00 am by Michael Geist
Rodriguez suggested that the government has many options in response, but was unable to cite much beyond hints of pulling government advertising from the platform (whether the Liberal party would pull election advertising and cede social media advertising to opposition parties would make for an interesting choice) or plowing more public money into programs that could presumably include a journalism support fund. [read post]
7 Jun 2023, 7:43 am
But individual desires must be ceded, the essential self gently led towards a middle ground. [read post]
6 Jun 2023, 12:00 am by Lawrence Solum
Claudio Novelli (University of Bologna- Department of Legal Studies; Centre for Digital Ethics (CEDE)), Federico Casolari (Alma Mater Studiorum - University of Bologna), Antonino Rotolo (University of Bologna - Department of Legal Sciences), Mariarosaria Taddeo (University of Oxford - Oxford Internet Institute), & Luciano Floridi (University of Oxford - Oxford Internet Institute; University of Bologna- Department of Legal Studies) have posted How to Evaluate the… [read post]
31 May 2023, 12:38 pm by Michael C. Dorf
I was thrilled to join the constitutional law casebook he co-edited, even though I came on as Steve was ceding his chapters to Fred Schauer. [read post]
28 May 2023, 1:24 pm by David Super
       The Administration ceded without serious contest the mantle of “fiscal conservatives” to Members of Congress proposing huge unfunded business tax cuts that would swamp the effects of these spending cuts. [read post]