Procedure v. Substance in Harm Prevention?
Blog: Völkerrechtsblog
The post Procedure v. Substance in Harm Prevention? appeared first on Völkerrechtsblog.
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Blog: Völkerrechtsblog
The post Procedure v. Substance in Harm Prevention? appeared first on Völkerrechtsblog.
Blog: Legal Theory Blog
Emily S. Bremer (Notre Dame Law School) has posted The Administrative Procedure Act: Failures, Successes, and Danger Ahead (98 Notre Dame L. Rev. 1873 (2023)) on SSRN. Here is the abstract: The Administrative Procedure Act (APA) is a profoundly important...
Blog: Reason.com
Procedure about procedure about procedure.
Blog: Reason.com
From Castro v. Doe, decided Monday by Judge Mark Pittman (N.D. Tex.): John Anthony Castro filed this lawsuit on June 16, 2023, alleging that former President Donald Trump, among others, conspired to publish defamatory, verifiably false statements about him on his Wikipedia page. These supposedly false statements include the notion that Castro is a "sleazy…
Blog: Reason.com
Congress made a small addition to the requirements for notice-and-comment rulemaking.
Blog: Reason.com
a Sixth Circuit panel concludes (by a 2-1 vote) in staying an injunction against the law pending appeal.
Blog: The JCMS Blog
by Karin Leijon, Uppsala University The judicial dialogue between the Court of Justice of the European Union (CJEU) and national courts in the preliminary ruling procedure (Article 267 TFEU) is regarded as crucial for the functioning of the EU legal system because it aims to ensure a uniform application of EU law in all member […]
The post Swedish judges' motives in the preliminary ruling procedure: A matter of law, strategies and professional norms appeared first on The JCMS Blog.
Blog: Ideas on Europe
by Karin Leijon, Uppsala University The judicial dialogue between the Court of Justice of the European Union (CJEU) and national courts in the preliminary ruling procedure (Article 267 TFEU) is regarded as crucial for the functioning of the EU legal system because it aims to ensure a uniform application of EU law in all member […]
The post Swedish judges' motives in the preliminary ruling procedure: A matter of law, strategies and professional norms appeared first on Ideas on Europe.
Blog: Sydney Health Law
As the guidelines develop, it will be interesting to see how the regulator and Boards attempt to deal with the difficult problem of social media promotion in this very popular sector.
Blog: Reason.com
From today's decision in Eknes-Tucker v. Marshall, by Judges Barbara Lagoa, joined by Judge Andrew Brasher and District Judge J.P. Boulee (N.D. Ga.): [S]ection 4(a)(1)–(3) of Alabama's Vulnerable Child Compassion and Protection Act … states that "no person shall engage in or cause" the prescription or administration of puberty blocking medication or cross-sex hormone treatment…
Blog: Penn LDI
Racial disparities in birth outcomes in the United States are long-standing and by now well-known. Black women are three times more likely than white women to die, or experience severe maternal complications, or have a cesarean birth. Social determinants of health – the conditions where people live, learn, work, and play that affect health– have […]
Blog: Post-Crisis Democracy in Europe
In response to the Covid-19 pandemic, EU Member States managed to agree on key financial instruments to support the economic recovery of Europe. The decision to manage these instruments within the existing European Semester procedure has put this procedure into the spotlight. Adequate parliamentary involvement in this procedure is crucial. The pandemic can serve as […]
The post Democratizing the European Semester: the involvement of national parliaments appeared first on Post-Crisis Democracy in Europe.
Blog: Reason.com
Procedure, soundbites, popular views, and more combined to create legally unfounded memes.
Blog: Reason.com
The lawyer's true superpower is to turn every case into a case about procedure.
Blog: Verfassungsblog
The governance of migration, in particular of asylum migration, is caught in the contrast between the political relevance of numbers, and the individuum-based structure of the law. For politics, it matters how many persons arrive, require shelter, enter procedures. For the legal assessment, however, numbers mostly do not matter: The right not to be rejected at the border, the right to access an asylum procedure and to shelter during that procedure are individual rights that are independent from the overall number of arrivals. This contrast is visible in periodical debates about a maximum number of asylum seekers per year, or proposals to abolish the individual right to protection altogether. Such proposals disregard that individual rights to protection are enshrined not just in constitutional law, but also in European and international law, and for good reason. However, it is worth taking the perspective of numbers seriously – while respecting the individual right to protection.