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18 Feb 2017, 9:37 am
I engaged with Keith Whittington on this question long ago on the Law courts list. [read post]
7 Feb 2017, 9:27 am
That system of rules and norms is a critical stabilizing force for sound democratic governance. [read post]
31 Jan 2017, 3:08 pm
I doubt that this is what the author of the bill (state senator Keith Regier) intends, but it’s what the bill, as written, is likely to do. [read post]
26 Jan 2017, 6:00 am
Other governing officials may prefer foisting controversial decisions off on less politically accountable decision makers to deflect blame for unpopular decisions (while reserving the right to take credit if a consensus forms that the court or agency did the right thing).The political construction of judicial review and administrative law has normative consequences. [read post]
24 Jan 2017, 6:00 am
For the Symposium on Adrian Vermeule, Law's Abnegation. [read post]
4 Dec 2016, 1:54 am
ASYLUM POLICY, by Banks Miller, Linda Camp Keith, and Jennifer S. [read post]
23 Aug 2016, 3:15 am
Keith Hylton has posted to SSRN Enhanced Damages for Patent Infringement: A Normative Approach. [read post]
4 Aug 2016, 9:47 am
Five Fascinating Books for Lawyers and Law Students by Nashville personal injury attorney and founder and lead attorney of Keith Williams Law Group, Keith Williams If you’re like a lot of lawyers I speak to, you’re constantly watching out for good books that might lead you to rethink the way you run your practice and/or the services you render to your clients. [read post]
21 Jun 2016, 10:37 am
It appears that these coordinated efforts are starting to establish new norms in cyberspace. [read post]
15 Jun 2016, 3:22 am
**Keith Kaplan reminds me to mention Chesterton’s Fence. [read post]
10 Jun 2016, 9:40 am
Keith Hylton, Enhanced Damages for Patent Infringement: A Normative Approach – At enhancement stage, courts should apply a multi-factor approach as in tort law. [read post]
8 Jun 2016, 3:30 am
Keith N. [read post]
12 May 2016, 1:55 pm
(This is yet another example of what I call ideological drift.)Conservatives and libertarians have pointed out that legislatures and executive officials often violate important constitutional norms that secure limited government, federalism, and the separation of powers. [read post]
8 Apr 2016, 6:02 am
Their stance suggests the potential for movement by the polarized six-person panel, where a sense of stasis has been the norm. [read post]
22 Feb 2016, 11:42 am
Keith Whittington made this point in his article on the New Originalism in 2004. [read post]
15 Feb 2016, 10:09 am
: Emerging International Human Rights Norms Pertaining to Sexual Orientation and Gender Identity Rosa Freedman & Jacob Mchangama, Expanding or Diluting Human Rights? [read post]
3 Feb 2016, 12:05 pm
Here's the abstract:Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, effectiveness and normative and institutional framework of international courts and tribunals. [read post]
31 Jan 2016, 7:00 pm
by Norm Keith, Christina Hall, and Shane Todd “… [A] significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the morning will make it safely back to their homes and families …” – R. v Vadim Kazenelson,… [read post]
7 Oct 2015, 4:00 am
Leib, Hail Marriage and Farewell, (Fordham Law Review, Vol. 84, 2015).Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle, (Florida Law Review, Vol. 67, 2015).Fichera, Massimo, ‘Ye Shall Know Them by Their Fruits’ Same-Sex Marriage and the Role of Transnational Law: Changes in the European Landscape, (Helsinki Legal Studies Research Paper No. 39, Sept. 2015). [read post]
4 Oct 2015, 8:00 pm
by Norm Keith and Shane D. [read post]
