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21 Jan 2009, 5:23 pm
Because rigid adherence to Saucier departs from the general rule of constitutional avoidance, cf., e.g., Scott v. [read post]
18 Jan 2009, 12:34 am
Cf. [read post]
17 Jan 2009, 1:48 pm
”). . . . 3. [read post]
16 Jan 2009, 7:40 am
Cf., Scott v. [read post]
5 Jan 2009, 7:14 am
See Murray, 686 F.2d at 1325 n. 8; cf. 20A Fed. [read post]
3 Jan 2009, 12:48 pm
** So now consider again which is least democratic--a few months with appointed House members or a few months of the alternatives of 1) no working federal government, 2) a constitutional dictatorship of the Executive Branch, or 3) legislation enacted by a body that lacks "representation" of more than 3/4 of the people of the United States? [read post]
3 Jan 2009, 12:54 am
Pursuant to Penal Law § 70.70 (3) (b), the sentence imposed for a second felony drug offender convicted of, inter alia, a class C felony offense must include a period of not less than 1 ½ or more than 3 years of postrelease supervision. [read post]
26 Dec 2008, 9:05 am
" Krull, 480 U.S. at 349-50; cf. [read post]
24 Dec 2008, 3:39 pm
Thompson (Washington: Folger Shakespeare Library, 1958): p. 16, cf. 44. [read post]
19 Dec 2008, 8:47 am
See Brief for Petitioner 37, n. 11; cf. post, at 2-4 (ALITO, J., concurring). [read post]
18 Dec 2008, 4:20 am
Cf. [read post]
15 Dec 2008, 7:56 am
Co., 3 AD3d 485, 485-486; cf. [read post]
11 Dec 2008, 7:06 pm
Thus, the California statute (which "directly incorporate[d] regulations promulgated under the FDCA," id. at 3) remained an action under "state" law even though all of the substantive standards were federal:Actions to enforce state laws that impose requirements identical to those under the FDCA are not actions to enforce the FDCA itself. . . . [read post]
4 Dec 2008, 6:59 pm
" Span argue that Wood's conduct establishing liability was (1) coming up with the scheme of issuing preferred partnership units in lieu of common, (2) failing to advise Span that they should have a lawyer review the final documents, and (3) failing to comply with the preliminary agreement in drawing up the final documents. [read post]
2 Dec 2008, 3:33 pm
My recent book, "The Invisible Constitution" (Oxford University Press 2008), argues that much of what we both do and should regard as the United States Constitution is neither expressed by, nor plausibly inferable from, the document's text. [read post]
1 Dec 2008, 11:23 am
Cf. [read post]
18 Nov 2008, 1:55 pm
Cf. [read post]
15 Nov 2008, 1:39 am
§ 733.106(3)-(4), Fla. [read post]
13 Nov 2008, 1:52 pm
The Sindell court, after recognizing "the proposition that, as a general rule, the imposition of liability depends upon a showing by the plaintiff that his or her injuries were caused by the act of the defendant or by an instrumentality under the defendant's control," id. at 928, created a narrow exception where: (1) the manufacturer was unknown, because (2) there were a bunch of interchangeable chemically identical products made by different companies, and (3) the plaintiff… [read post]
