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16 May 2017, 8:03 am by Josh Blackman
Neal Katyal answered in the affirmative, but worked very hard to connect the pre-inauguration statements with the post-inauguration actions. [read post]
15 May 2017, 11:16 am by MBettman
On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in State v. [read post]
9 May 2017, 4:30 pm by INFORRM
But, by the end of the 1800s, this rationale lost currency, and by 1917 (in Bowman v Secular Society [1917] AC 406), the House of Lords held that blasphemy protected the religious sensitivities of the individual; but the courts still confined the scope of the offence to the established Church (this was confirmed as recently as 1991 in R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 QB 429). [read post]
9 May 2017, 4:59 am by Jane Chong
Yesterday afternoon, the Fourth Circuit, sitting en banc, heard two hours of argument in IRAP v. [read post]
4 May 2017, 5:45 pm by Sandy Levinson
The most important single Supreme Court opinion in our history is undoubtedly that written by John Marshall in McCulloch v. [read post]
4 May 2017, 2:57 pm by Giles Peaker
Diaz v Karim [2017] EWHC 595 (QB) The schedule of special damages – never straightforward. [read post]
3 May 2017, 9:01 pm by Neil H. Buchanan
At the end of President Hillary Clinton’s first one hundred days in office, the possibilities for sober governance look farther away than ever—even though the president herself has been a model of restraint and coolness under immense pressure.People who have tried to say that a hypothetical President Trump would have caused even more insanity are hard-pressed to come up with believable narratives of a country in serious turmoil. [read post]
1 May 2017, 11:36 am by Howard Knopf
Now, we face the hard part: What we do with that freedom.Nathaniel Lipkus has stated in Policy Options on April 7, 2017 that:The good news is that we no longer need to worry that trade tribunals will become supranational courts of appeal over domestic property law disputes.As will be seen below, Robert Howse is more pessimistic and I tend to agree with him.Why I am Less EnthusiasticIn my respectful view, Canada gambled and won an important victory in an arguably avoidable and unnecessary… [read post]
1 May 2017, 11:36 am by Howard Knopf
Now, we face the hard part: What we do with that freedom.Nathaniel Lipkus has stated in Policy Options on April 7, 2017 that:The good news is that we no longer need to worry that trade tribunals will become supranational courts of appeal over domestic property law disputes.As will be seen below, Robert Howse is more pessimistic and I tend to agree with him.Why I am Less EnthusiasticIn my respectful view, Canada gambled and won an important victory in an arguably avoidable and unnecessary… [read post]
1 May 2017, 5:00 am by Mike Madison
There is no “start everything from the ground up”; there is only continuity and stasis, on the one hand, and change of various sorts, on the other hand. [read post]