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15 Sep 2024, 6:00 am
Here is how Judge Sweet used the phrase "open question of law": The Second Circuit has followed the Fisher–Doe analysis in In Re Proceedings before August 6, 1984 Grand Jury . . . and affirmed the district court's order directing the witness to produce a tape recording, found to be a business record, that the defendant had made of conversations between himself and others pursuant to an act-of production immunity order. . . . [read post]
14 Sep 2024, 11:47 am
“there is no public benefit as a result of the defendants’ use of” the song. [read post]
13 Sep 2024, 12:30 pm
[Eleven-person juries, noncustodial plaintiffs, and abdicated responsibilities. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. [read post]
13 Sep 2024, 9:12 am
Mootness is possible, but you have to be careful as the cases I’m looking at today demonstrate. [read post]
13 Sep 2024, 9:00 am
I’m grateful to know him and have his assistance! [read post]
12 Sep 2024, 1:35 pm
Bettis, Heather Marshall Molavi, Lisa Knoop, and Christopher M. [read post]
12 Sep 2024, 9:00 am
I’m grateful to know him and have his assistance! [read post]
12 Sep 2024, 5:12 am
My cue for the argument I'm exploring is a 1992 opinion by Justice Scalia.In R.A.V. v. [read post]
12 Sep 2024, 5:00 am
The Court's companion Order can be viewed HERE.I send thanks to Attorney James M. [read post]
11 Sep 2024, 3:51 pm
Another passage from Douglass is particularly significant in light of recent discussions on this blog: As to Justice M. [read post]
11 Sep 2024, 2:52 pm
On September 11, Stephen M. [read post]
11 Sep 2024, 10:22 am
We see Justice Jackson similarly staking out a very separate set of positions from her liberal colleagues, perhaps most notably, breaking from Justice Kagan and Justice Sotomayor and announcing that she thinks Aprendi, a seminal criminal defense case about jury trials, was wrongly decided—sort of surprising for a former public defender. [read post]
11 Sep 2024, 8:45 am
If you’re new to seeing these “but think of the kids” bills, this disjointed mélange of undertheorized policy ideas is typical nowadays. [read post]
11 Sep 2024, 7:41 am
I’m confident we have the right leader at the helm, and we are excited to build upon our reputation as the firm people turn to when facing life’s greatest challenges. [read post]
11 Sep 2024, 7:41 am
I’m confident we have the right leader at the helm, and we are excited to build upon our reputation as the firm people turn to when facing life’s greatest challenges. [read post]
11 Sep 2024, 7:41 am
I’m confident we have the right leader at the helm, and we are excited to build upon our reputation as the firm people turn to when facing life’s greatest challenges. [read post]
11 Sep 2024, 5:52 am
(which, when I first joined the Justice Department was called, only half-jokingly, “the Curtiss-Wright, so I’m right cite. [read post]
11 Sep 2024, 5:50 am
Usually, I’m trying to put something together. [read post]
11 Sep 2024, 4:30 am
Thomas M. [read post]
10 Sep 2024, 8:13 pm
Brandon spoke with defendant, Dr. [read post]
