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30 Apr 2024, 7:58 pm by Ilya Somin
In the famous Hart-Fuller debate of the 1950s, Lon Fuller argued that gravely unjust rules and regulations (like those of Nazi Germany) could never be real laws. [read post]
11 Apr 2024, 4:00 am by Eric Berger
  For example, as John Hart Ely famously argued, much of the Warren Court's work was representation-reinforcing, trying to correct breakdowns in the political process. [read post]
5 Apr 2024, 8:36 am by Neil H. Buchanan
  That you can say such things, however, does not make them true.The point is that, no matter how much Trump or anyone else tries to muddy the water, there is a looming threat of fascism in the US, and it is from Trump and Trumpists. [read post]
4 Apr 2024, 6:32 am by Michael C. Dorf
But viewed more closely, there is a key difference.As John Hart Ely argued at length in the articles leading up to and collected in Democracy and Distrust, the driving force behind Warren Court activism was the shoring up of democracy through what Ely called representation-reinforcing judicial review. [read post]
27 Mar 2024, 9:01 pm by renholding
The Federal Deposit Insurance Corporation (FDIC) released a Proposed Statement of Policy on Bank Merger Transactions (the Proposal) that outlines the FDIC’s views on its jurisdiction and expectations with respect to each statutory factor under the Bank Merger Act (BMA). [read post]
26 Mar 2024, 6:50 pm by Béligh Elbalti
(eds), The HCCH 2019 Judgments Convention – Cornerstones, Prospects and Outlooks (Hart, 2023) and Ronald A. [read post]
10 Mar 2024, 5:04 pm by INFORRM
The central issue was whether an interlocutory injunction should be granted to restrain the respondent from making allegedly defamatory statements on a matter of public interest. [read post]
6 Mar 2024, 2:44 pm by Eugene Volokh
Alcoholic Beverages Control Comm'n, decided Monday by the Appeals Court of Massachusetts (Justices William Meade, Sabita Singh & Paul Hart Smyth): At 7:10 P.M. on Saturday, September 29, 2018, members of the Cambridge police and fire departments arrived at the plaintiff's business for an enforcement matter regarding its use of candles. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
  Thus it becomes an interesting little mystery for future cases, Fed Courts courses, and Hart & Wechsler. [read post]
4 Mar 2024, 4:54 pm by INFORRM
And, as with MPI, data protection law recognises the importance of public information journalism as a matter of press freedom. [read post]
3 Mar 2024, 7:46 pm by Béligh Elbalti
.), The 2019 HCCH Judgments Convention – Cornerstones, Prospects, Outlook (Hart, 2023), pp. 195 ff). [read post]
29 Feb 2024, 3:30 am by Gilberto Morbach
When I say ‘neglected’, I say so because this book, recently published by Hart Publishing, is the first volume entirely dedicated to this debate that still carries important implications in contemporary jurisprudence (in contemporary philosophy tout court, I would say), from matters that range from interpretation and objectivity to the very enterprise of theorising itself. [read post]
28 Feb 2024, 12:22 pm by Hayleigh Bosher
He shares the story from his perspective on that first case which led him to give opinions “on several thousand matters since. [read post]
22 Feb 2024, 9:27 pm by Béligh Elbalti
Pursuant to Article 4 of Law No. 6 of 2015 on Conflict of Laws in Civil and Commercial Matters with Foreign Elements, the parties may choose the applicable law. [read post]