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16 Feb 2016, 5:38 pm by Timothy P. Flynn
Scalia's majority opinion was very useful in the ultimate habeas corpus petition filed in the United States District Court for the Eastern District of Michigan.Another example of Scalia's handiwork in the realm of the constitutional rights of the accused is his dissent in the 2000 case of Apprendi v New Jersey, which ripened into a majority opinion 4-years later in Blakely v Washington, holding that a judge cannot fashion a sentence based on facts that were not… [read post]
31 Jul 2023, 4:47 pm by INFORRM
On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]
11 May 2020, 6:37 am
United States Soccer Federation, Inc. here. [read post]
22 Feb 2009, 12:27 pm
Circuit's decision this Wednesday in Kiyemba v. [read post]
27 Jul 2016, 5:37 am by INFORRM
In the case of CICAD v Switzerland (Judgment of 7 June 2016)(French only), the Third Section of the Court of Human Rights held that a judgment finding that an accusation of anti-semitism made by the applicant was unlawful did not violate Article 10. [read post]
2 Apr 2016, 4:43 pm by INFORRM
 The question is not whether some readers would have misunderstood the satire as stating facts but whether the average or reasonable reader would have come to that view. [read post]
23 Aug 2008, 8:45 pm
Bryza is suggesting that a lame-duck President . . . would view himself as having the legitimate authority to bind the United States to the defense of Georgia's territorial integrity (at least if one takes Article V of NATO seriously). [read post]
11 Aug 2009, 5:04 am
That is easily seen in Polly U.S.A. v. [read post]