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12 Jun 2012, 6:00 am by Steve Vladeck
In other words, merely by filing a piece of paper, the Executive Branch can make these cases go away, albeit on the merits. [read post]
9 Jun 2008, 11:52 pm
FACTUAL BACKGROUND ON THE SPECIES: Slickspot peppergrass is a taprooted, intricately branched herbaceous flowering plant found only in the sage-steppe ecosystem of Idaho’s Snake River Plain, It is an annual or biennial plant that averages two to eight inches in height. [read post]
27 Oct 2014, 5:00 am by Ronald Collins
He liked to say that you’re entitled to your own opinion, but not to your own facts. [read post]
4 Jun 2017, 7:27 pm by Todd Presnell
  In re Sealed Case, 121 F.3d 729 (CADC 1997) (available here). [read post]
27 Jun 2024, 2:08 pm by Christopher J. Walker
It is not a bold prediction that we’re going to see the following paragraph reproduced in countless law review articles and judicial opinions in the years (and decades) to come: Make no mistake: Today’s decision is a power grab. [read post]
4 Jun 2017, 7:27 pm by Todd Presnell
  In re Sealed Case, 121 F.3d 729 (CADC 1997) (available here). [read post]
11 Feb 2011, 5:37 am by Susan Brenner
On July 19, Opinca, purporting to be “Natalia Kostina” opened an account at a TD Bank branch and an account at a Bank of America branch, both branches being in Forest Hills, New York. [read post]
31 Aug 2012, 9:00 am by Don Cruse
PALMER, JR., No. 11-0057 Per Curiam ROBB EVANS, RECEIVER FOR MEDIACOPY TEXAS, INC., AND INFODISC GLOBAL HOLDING, INC., AND MAYNARDS INDUSTRIES (1991) INC., AND INTERNATIONAL COMMERCIAL BANK OF CHINA, LOS ANGELES BRANCH v. [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
Fitzgerald, conferring immunity-from-prosecution in such a case would contravene the judgments of both political branches, and there's nothing in constitutional text, history or caselaw that requires a repudiation of that joint political-branch assessment.II. [read post]
4 Mar 2019, 12:00 am by Michael A. Conforti
Ct., 557 F.2d 650, 654-55 (9th Cir. 1977)—a “drastic and extraordinary remedy,” In re Van Dusen, 654 F.3d 838, 840 (9th Cir. 2011). [read post]
21 Aug 2012, 9:32 am by Steve Vladeck
That may explain why, when the case returned to the Court after Padilla re-filed in the proper venue, the government unsealed a civilian criminal indictment against Padilla and transferred him to civilian custody while his cert. petition was pending. [read post]
28 Jun 2024, 10:51 am by Guest Author
 What we’re seeing in case after case is that there are two separate conceptions of the separation of powers emerging in the Roberts Court. [read post]
23 Dec 2010, 10:04 pm by John Elwood
The language explicitly limiting the advice-giving function to the Executive Branch only is more handy than you’d think, given the surprising number of no-particular-branch/multibranch platypuses out there. [read post]
13 May 2020, 6:30 pm by Guest Blogger
Since we’re human, they’re likely to be petty, venal and self-dealing. [read post]