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13 Apr 2016, 5:56 am by Marty Lederman
With Monday’s filing of the reply briefs by the government and the intervenors, the briefing in the DAPA case, United States v. [read post]
12 Apr 2016, 8:48 am by Jack Goldsmith
Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully… [read post]
6 Apr 2016, 4:00 pm
This would require riding roughshod over Article IV, §1 of the United States Constitution, section 1913, subdivision (a) of the California Code of Civil Procedure, and time honored principles of res judicata and collateral estoppel. [read post]
5 Apr 2016, 3:37 pm by Eugene Volokh
The City is acutely aware of and firmly committed to the principles of the United States Constitution, and in particular, the right of free expression. [read post]
4 Apr 2016, 9:59 am by Gene Quinn
On Monday, March 21, 2016, the United States Supreme Court agreed to hear the matter of Samsung Electronics v. [read post]
1 Apr 2016, 1:33 pm by Alex R. McQuade
Yesterday, the United States and Saudi Arabia announced their new united front when it comes to sanctioning terrorist organizations. [read post]
1 Apr 2016, 1:25 pm by John Stigi
  The Court examined the impact of the United States Supreme Court’s intervening decision in Omnicare, Inc. v. [read post]
1 Apr 2016, 8:56 am by Eugene Volokh
First, “the public accusations by Van Liew that Stansfield was ‘corrupt and a liar’” were fully protected speech: These remarks about a local public official constituted political speech and were at the core of the speech that the First Amendment to the United States Constitution protects. [read post]
1 Apr 2016, 4:57 am by Immigration Prof
United States and invalidated core provisions of Arizona's controversial immigration enforcement law known as S.B. 1070. [read post]
30 Mar 2016, 7:51 am by Tom B
I was, along with Jim Charne, one of two industry lawyers involved on behalf of the IGDA with the IGDA/AAAS Amicus “Friend of the Court” Brief in support of the video game industry in the United States Supreme Court case, Brown vs EMA; the case that established for all time that video games are to be treated as art for all purposes. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
25 Mar 2016, 6:26 am by Lori Ringhand and Paul Collins
Transcripts of the hearings fill three volumes of The Supreme Court of the United States: Hearings and Reports on Successful and Unsuccessful Nominations of Supreme Court Justices by the Senate Judiciary Committee, 1916-1975 compilation. [read post]
21 Mar 2016, 3:44 am by Amy Howe
  First up is Wittman v. [read post]
18 Mar 2016, 6:30 am by John-Paul Boyd
Parenting coordination has evolved significantly as it has grown in popularity, and spread to other jurisdictions in the United States and Canada. [read post]
17 Mar 2016, 2:41 pm by Lyle Denniston
Kennedy Institute for the United States Senate, only thirty-nine percent of those surveyed could explain that the Senate is assigned the role of advising and consenting to new Supreme Court nominees. [read post]
14 Mar 2016, 6:19 am
LMC argued that the subpoena was oppressive and burdensome, violated Washington's news media shield law, and ran contrary to `core constitutional values. [read post]