Category Archives: Legal Theory

China is waging a "quiet kind of cold war" against the U.S., says CIA official – CBS News

ASPEN, Colo. — China is waging a "quiet kind of cold war" against the United States, using all its resources to try to replace America as the leading power in the world, a top CIA expert on Asia said Friday. Beijing doesn't want to go to war, he said, but the current communist government, under President Xi Jingping, is subtly working on multiple fronts to undermine the U.S. in ways that are different than the more well-publicized activities being employed by Russia. via www.cbsnews.com.. To continue reading this legal news please click Read full information...

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More than 100 cases added to outbreak linked to McDonald's salads | Packer

Health officials have added more than 100 illnesses to the cyclospora outbreak linked to McDonald’s salads, bringing the total number of cases to 163. via www.thepacker.com That's what you get for ordering a salad at McDonald's... To continue reading this legal news please click Read full information...

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Saati on Public Participation in Constitution-Building

Abrak Saati (University of Umea) has posted Constitution-Building Bodies and the Sequencing of Public Participation: A Comparison of Seven Empirical Cases (Journal of Politics and Law, Vol. 10, no. 3) on SSRN.  Here is the abstract: Constitution-building is one of the most salient aspects of transitional processes, from war to peace or from authoritarian rule, in terms of establishing and strengthening democracy. This paper is part of a research project that aims to identify the circumstances under which constitution-building can strengthen democracy after violent conflict and during transitions from authoritarian rule. Previous research has indicated that the actions and relations of political elites from opposing political parties when making the constitution has bearing on the state of democracy post promulgation, but that the careful sequencing of public participation in the process can be of relevance as well. This paper conducts a systematic analysis of seven….. To continue reading this legal news please click Read full information...

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“Diversity” and Discrimination at Harvard | Darel E. Paul | First Things

When it is on defense, Harvard denies that it discriminates against Asian-Americans. When on offense, it decries the lawsuit as an attack on diversity, its most solemn value. In this Harvard is quite right, though not in the way it thinks. The SFFA lawsuit is not an attack on pluralism per se—but it is an assault on the ideological conceptualization of difference and the American elite’s attempt to manage it. At issue is not simply race-conscious admissions practices, but “whole-person” review and the “multi-dimensional diversity” it supposedly produces. Holistic admissions are central to the process by which the American elite produces, reproduces, and justifies itself. The elite will fight this battle with all its strength. via www.firstthings.com Also good... To continue reading this legal news please click Read full information...

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Kwok on Vagueness in White Collar Statutes

David Y Kwok (University of Houston Law Center) has posted Is Vagueness Choking the White Collar Statute? (Georgia Law Review, Forthcoming) on SSRN.  Here is the abstract: While expansive statutes may be important in addressing the creativity of white collar offenders, the Supreme Court often criticizes white collar statutes as overly broad and vague. The Court’s typical response has been to narrow the scope of the statutes, but excessive breadth and vagueness are not coextensive. The judicial strategy of narrowing liability can counterintuitively decrease clarity as to legal boundaries. Failing to limit vagueness problems not only makes corporate compliance more challenging, but it also presents a threat to the judicial-legislative dialectic in developing better law... To continue reading this legal news please click Read full information...

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