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3 Mar 2022, 7:32 am
We have come almost full circle from the exuberance of the start of the protests in early June 2019, to the announcement of the enactment, and soon, the vigorous enforcement, of a more direct oversight of Hong Kong by the central authorities in the form of a new regulatory superstructure. [read post]
3 Mar 2022, 4:13 am by SHG
There is a way to do that consistent with our institutional codes and norms. [read post]
3 Mar 2022, 4:00 am by Guest Blogger
Therefore, part of the solution needs to come from innovations in the way that legal services are delivered. [read post]
2 Mar 2022, 2:33 pm
  It also is meant to be populated by a customary set of exhortations: normative, objectives based, and reassuring. [read post]
2 Mar 2022, 1:01 pm
(The U.N. approves a resolution demanding that Russia end the invasion of Ukraine)While the vote adds political pressure, to the extent that Russia is affected by that sort of pressure in its war calculus, more importantly it served as a preliminary and tentative vote of allegiance to one or more of the emerging normative systems into which the global community is fracturing in its trade, rights, development, economic, and political norms and practices. [read post]
2 Mar 2022, 11:27 am by Abbe R. Gluck
The operative exception in the Act — “except as authorized” — comes before the words “knowingly or intentionally. [read post]
2 Mar 2022, 4:59 am by Eric Segall
His critique of originalism is spot on when he says that originalism is an "illusion" because there is no way to implement it without importing substantive normative values. [read post]
1 Mar 2022, 9:04 am
  Yet it may underestimate the ability to project the normative project of the European Convention through the social and economic instrumentalities through which European life is expressed (e.g., here). [read post]
28 Feb 2022, 7:02 am by Abbe R. Gluck
The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it. [read post]
25 Feb 2022, 9:07 am by Ingrid Wuerth
” Instead, the international community must consider how well the norms have worked, who has violated them, and why. [read post]
25 Feb 2022, 4:33 am by Gail Heriot
Taken together, these factors create a powerful incentive—perhaps more powerful than was intended—for employers to come down hard on anything relating to race, sex, or national origin that might cause offense. [read post]
23 Feb 2022, 9:01 pm by Laurence Tribe and Dennis Aftergut
”The extraordinary volume of evidence that McQuade collects comes entirely from the public record. [read post]
23 Feb 2022, 7:00 am by Michael Geist
Excluding that form of content will require yet another exception, this time an exception to the exception to the exception that the Minister says will come in a policy direction. [read post]
20 Feb 2022, 10:47 pm by Mili Gupta
This comes after international condemnation of Hungary’s apparent association of sexual and gender identity [“SGI”] with pornography and pedophilia. [read post]
19 Feb 2022, 1:49 pm by Rebecca Tushnet
But these roles support only very thin social norms. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the Lanham Act cover… [read post]
18 Feb 2022, 12:40 pm by Cari Rincker
Zoom meetings have become the norm when it comes to divorce settlement conferences. [read post]