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7 Apr 2024, 9:19 am
 The short summary I prepared fleshes out the themes I hope to cover: Regulatory governance is well within a process of transformation from a managerial system deeply embedded in the classical model of the rule-of-law state grounded in positive (or customary) law pronounced by an authoritative body clothed in the legislative power, to the world of the panopticon and the disciplines. [read post]
5 Apr 2024, 5:31 pm by Josh Blackman
I am very familiar with this limbo, as the Defense Distributed case is stuck somewhere between the Garden State and the Lone Star State. [read post]
4 Apr 2024, 6:32 am by Michael C. Dorf
Whereas Warren Court activism was generally in the service of democracy, some of the most egregious Roberts Court decisions--gutting the Voting Rights Act, invalidating bipartisan campaign finance regulation, rendering challenges to partisan gerrymandering impossible, and much more--seem designed to make government in the United States less democratic. [read post]
29 Mar 2024, 7:28 pm
The fundamental operative structure of the UNGP State duty to protect was grounded on the premise of international legality embedded within the principles of the state system. [read post]
22 Mar 2024, 3:10 pm by Kevin
This is a state legislature purporting to ban something allegedly being done by the federal government in the air over the state, and presumably not just this state, but the others touched by the same air. [read post]
19 Mar 2024, 5:37 am by Unknown
A lottery will be held soon to determine which appeals court will hear the various petitions against the rule (Liberty Energy, Incorporated v. [read post]
15 Mar 2024, 9:40 am by Richard A. Morehouse
Obviously, the office market was gutted with Covid and with the ‘new normal’ of telecommuting, it will be sometime before the office market recovers. [read post]
13 Mar 2024, 12:31 pm
And it may be good for business--the business of economic enterprises, as well as of the apparatus of the state and that of civil society. [read post]
10 Mar 2024, 7:42 am by Dave Maass
The Electronic Frontier Foundation and MuckRock, in partnership with the Association of Alternative Newsmedia, compile the year's worst and most ridiculous responses to public records requests and other attempts to thwart public access to information, including through increasing attempts to gut the laws guaranteeing this access—and we issue these agencies and officials tongue-in-cheek "awards" for their failures. [read post]
6 Mar 2024, 6:30 am by Guest Blogger
(In contrast, we have long backed an amendment to overturn Buckley v. [read post]