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19 Mar 2023, 12:56 pm
As famously expressed by Knight Bruce V-C in Walter v Selfe (1851) 4 De G & Sm 315, 322, the question is whether the interference ought to be considered a material inconvenience “not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people”; see also Barr v Biffa Waste Services Ltd (2013) QB 455, para 36(ii). [read post]
17 Mar 2023, 9:30 pm
DREICYMI: Judge Cites 1849 Slavery Law in Ruling Embryos Can Be Considered Property (NYT). [read post]
23 Feb 2023, 7:20 am
WLC’s Bruce Judge and Erica Blachman Hitchings were honored to speak at the conference. [read post]
3 Feb 2023, 12:36 pm
Bruce Boyden: can you interview people on the Hill at the time to see what they were talking about. [read post]
16 Jan 2023, 6:55 pm
C. [read post]
13 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary Symposium Julie C. [read post]
13 Jan 2023, 6:30 am
So is Bruce Ackerman’s dualist theory. [read post]
2 Jan 2023, 4:53 am
by Michael C. [read post]
12 Oct 2022, 9:04 am
[C.] [read post]
13 Sep 2022, 6:30 am
Ideally, it would generate a brutally candid conversation—presumably, unlike the Philadelphia convention in 1787, open to the public through C-SPAN and other streaming services—about the adequacy of the Constitution to the American republic in the 21st century. [read post]
25 Aug 2022, 5:17 am
MIT, by Judge Bruce Selya, joined by Judges Rogeriee Thompson and Gustavo Gelpi (note that I submitted an amicus brief in the case, in support of neither side): [I.] [read post]
23 Aug 2022, 4:49 am
In issuing the order the judge, Bruce E. [read post]
16 Aug 2022, 1:01 pm
Sentencing judge A. [read post]
27 Jul 2022, 10:35 am
The sheer bulk of these tomes is, for Novak, a testament to the democratic promise of the new world that was aborning: Ernst Freund’s Police Power (1904) weighed in at 800 pages; Bruce Wyman’s Special Law Governing Public Service Corporations (1911) at over 1,500 (99, 110). [read post]
16 Jul 2022, 1:00 am
The judge was entitled so to conclude and further to have determined that the creation of a Safe Zone, within which the protesters could not enter, and the provision of a Designated Area some way off, in which limited protest could take place, was a proportionate response. (21 August 2019). [read post]
7 Jul 2022, 3:54 am
[C]ourts have required consistent and or severe misconduct, such as physical threats, the use of racial epithets, violence, or sexual contact and abuse at school to establish a hostile environment claim. [read post]
6 Jul 2022, 5:13 am
From Judge James Peterson's decision Friday in Ervins v. [read post]
4 Jul 2022, 9:05 pm
Initially, it did this by finding that administrative law judges (“ALJs”) must be appointed by someone under presidential control[1]; more recently, it granted certiorari on the issue of whether ALJs must also be subject to a corresponding presidential removal power.[2] Second, it seems intent on overruling a longstanding “implied preclusion” doctrine under which defendants in an administrative proceeding cannot challenge the constitutionality of (or other defects… [read post]
9 Jun 2022, 6:30 am
We have become Court-centric, “lost our ability to write,” in Bruce Ackerman’s phrasing. [read post]
