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6 May 2009, 3:41 am
  And last week, in State v. [read post]
3 May 2009, 12:48 pm
To my utter astonishment (but why should I be astonished?) [read post]
28 Apr 2009, 12:41 pm
The Court set the stage for these further developments with its 5-4 ruling Tuesday in Federal Communications Commission v. [read post]
28 Apr 2009, 10:48 am
At Monday's oral argument in Nijhawan v. [read post]
25 Apr 2009, 4:40 am
Given the recent hubbub over Danielle Citron's call to silence the cyberbullies as a matter of civil rights, based upon the claim that it disproportionately hurts the feelings of women, the 9th Circuits decision in Gardner v. [read post]
21 Apr 2009, 3:28 pm by Matt Cameron
In a closely-split decision today in Arizona v. [read post]
21 Apr 2009, 1:25 pm by Danielle Arteaga
 I recently stumbled upon a decision out of the Court of Appeals of Wisconsin, Johnson v. [read post]
11 Apr 2009, 7:48 am
But I want to make another point, which is that "federalism buffs" necessarily rely on judges basically to make up, on the basis of their own political views, the degree of constitutional protection for state autonomy, given the utter absence in the text of the Constitution of any plausible guidance to what is, and is not, protected against national control (especially given the expansion of national power during the New Deal, which even the conservative majority of the present… [read post]
3 Apr 2009, 1:20 am
Kelly McTiernanKINGS COUNTYCriminal PracticeStatements Do Not Qualify As Excited Utterances And Are Inadmissible HearsayPeople v. [read post]
1 Apr 2009, 4:15 am
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with "actual malice"Shulman v Hunderfund, 2009 NY Slip Op 02263, Decided on March 26, 2009, Court of AppealsIn the words of Justice Smith, "In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan… [read post]