561 U.S. 742 (2010), 08-1521, McDonald v. City of Chicago, Illinois
... approved the Fourteenth Amendment 19 -contained numerous examples of such abuses. See, e.g. , H. R. Rep. No. 30, 39th Cong., 1st Sess., pt. ... post , at 3116-3119, 177 L.Ed.2d, at 1000-1003, makes the usual rejoinder of "living Constitution" advocates to the criticism that it empowers ...
Efficient Copyright Infringement
Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that, in order to achieve copyright’s goal of maximizing cultural production, this dominant story of infringement’s costs requires alongside it a counter-story identifying the rare but important instances where copyright infringement
Making debate more inclusive for the student-veteran debater.
... it reject essentializing veterans or generalizing from a few bad examples to the group as a whole (Stone-Mediatore 2010). The question for debaters ... raised against identity-based debate: that there is no negative rejoinder to this type of affirmative debate, or similarly that the only negative ...
160 F.3d 790 (1st Cir. 1998), 98-1657, Wessmann v. Gittens
... The School Committee's rejoinder--that the Policy is not a quota--is a non sequitur. We agree that the ...See Croson, 488 U.S. at 497-98, 109 S.Ct. 706. Beyond these examples, the case law offers relatively little guidance. A few ...
DELEGATING FOR TRUST.
.... The tempting rejoinder to this argument is that agency lawmaking falters both in its transparency ... Participation and Transparency in Administrative Law--Three Examples as an Object Lesson, 61 ADMIN. L. REV. 171, 172, 183-97 (2009) (discussing ...
REASONING THROUGH CLASHES BETWEEN RELIGION AND EQUALITY: CASE LAW, SKEPTICS, AND SOCIAL COHERENCE.
... articulates both their nature and origin, providing some helpful examples so as to flesh out what they each entail as a matter of concrete ...But this response is threatened by the rejoinder of subjectivity--that is, can we truly view social coherence as generating ...
"Measuring" the erosion of academic freedom as an international human right: a report on the legal protection of academic freedom in Europe.
... to Academic Freedom under the UN Covenants on Human Rights: A Rejoinder to Antoon de Baets, U. Values: Bull, on Int'l Acad. Freed'm, Autonomy & ...1, 2016). Examples of other UNESCO Recommendations are the Recommendation against ...
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
...--but without reciprocation by Eurasians (Ani, 1994)! Two examples are "turn the other cheek" and "in suffering there is redemption." ...J. (1998). The Cross stage model revisited: A rejoinder. In R. Jones (Ed.), African American identity development (pp. 171-181). ...
The polemics of class, nationalism and ethnicity in Ngugi wa Thiong'o's Petals of Blood.
... questionable--is it Gikuyu only?--Ngugi adds an anticipatory rejoinder: "symbol of Kenya's truest courage" (228). Karega, unlike Njoroge or ...What is worth mention here is Simon Gikandi's argument that the "examples of the political economy of underdevelopment" in Petals of Blood are to be ...
A COMMON LAW FOR THE FIRST AMENDMENT.
...It is useful to play out this theme with several further examples. . The model that I have developed thus far has omitted very important ...Epstein, Common Law, Labor Law, and Reality: A Rejoinder to Professors Getman and Kohler, 92 Yale L.J. 1435, 1435 (1983). . (13.) ...
Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims
The traditional class action is broken, and we propose to replace it with a new mechanism for structuring mass claims: aggregation by acquisition. We argue that legal causes of action should be freely alienable, such that even small claims could be bought and sold. In such a world, financiers could purchase claims (or shares of claims) directly from individual claim holders, assembling a mass of...
Political morality reconsidered: a rejoinder.
... from the human, historical sphere to a postulated sphere of pure, empty abstractions, those of mathematics or geometry being the best examples. From the point of view of formal, identitarian logic, the notion that philosophical thought is dialectical--a mixture of clarity and ...
The Risk of Statelessness: Reasserting a Rule for the Protection of the Right to Nationality.
...One of the most visible examples of this trend is the nationality crisis that has unfolded in the Dominican .... One rejoinder might be that a 10% threshold seems equally appropriate when one considers ...
- Regulate/Mandate: Two Perspectives
- The Death Penalty & the Dignity Clauses
INCOME-DEPENDENT PUNITIVE DAMAGES.
...(93) Good examples are the loss of enjoyment of life in cases of wrongful death (94) or .... There are two possible rejoinders to these concerns. First, the proposed model is unique: it requires ...
807 F.2d 657 (8th Cir. 1986), 85-1765, Jenkins by Agyei v. State of Mo.
...These examples, however, were presented only as representative of the effects of the dual ...753, 94 S.Ct. 3112, requires this rejoinder. 14 We need point to only a few examples. "The record is replete with ...
__ U.S. __ (2016), 14-8358, Lockhart v. United States
Lockhart pleaded guilty to possessing child pornography, 18 U.S.C. 2252(a)(4). Because Lockhart had a prior state-court conviction for first-degree sexual abuse involving his adult girlfriend, his PSR concluded that he was subject to the 10-year mandatory minimum sentence enhancement provided in U.S.S.G. 2252(b)(2), which is triggered by prior state convictions for crimes “relating to aggravated...
... basic examples from day-to-day life. Whatever the validity of. the dissent's ... involving a minor or ward.'" Ante, at 9. But that rejoinder doesn't work. " [T]he canon. against superfluity," this Court has ...
Proportionality in military force at war's multiple levels: averting civilian casualties vs. safeguarding soldiers.
... relevant in assessing the ad bellum proportionality of its rejoinder. (246) Luban's analysis fails to recognize that certain enemies hold those ... in combat to reduce civilian casualties, while using as examples the actions of several different states). . (7.) See A. Walter Dorn, ...
Left Column/Point Addendum Merely Updates Terminology, 1113
COBJ, Pg. 121
... . . As a. final rejoinder to the concern that the Addendum to FO91. imposes new and ...
Oromo Social Resentment: Re-envisioning Resentment Theory, an African Perspective.
...Toward this goal, using some examples from Oromo narratives in my collections and texts available in print, the ... of different nations." See Messay Kebede, "Then and Now: A Rejoinder to my Critics," Available on ...
Rules against rulification.
...Part II catalogues examples of anti-rulification rules in several different areas of Supreme Court ... home about, much less in law-review-article form." (99) But the rejoinder to that argument has already been advanced: as Part I made clear, a ...
Reflections on Judging.
...55). . The illustrations just provided "are examples of complexity that are external to the legal system, that are part of the ... even if we are mistaken, the notion that Whelan's one-sentence rejoinder demonstrates its falsity is frivolous. . The range of legal outcomes ...
Judge Posner's Simple Law
Reflections on Judging, by Richard A. Posner, is reviewed.
...55). The illustrations just provided "are examples of complexity that are external to the legal system, that are part of the ... even if we are mistaken, the notion that Whelan's one-sentence rejoinder demonstrates its falsity is frivolous. The range of legal outcomes ...