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10 Nov 2014, 3:35 pm by Barry Barnett
See 5 Wright & Miller, supra, §1219, at 277–278 (“The federal rules effectively abolish the restrictive theory of the pleadings doctrine, making it clear that it is unnecessary to set out a legal theory for the plaintiff’s claim for relief. [read post]
28 Aug 2014, 9:01 pm by Vikram David Amar
SB 1272 submits the following question (designated by the California Secretary of State as Proposition 49) to the California electorate for its input: Shall the Congress of the United States propose, and the California Legislature ratify, an amendment or amendments to the United States Constitution to overturn Citizens United v. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
And in situations like these, the Supreme Court has held, in a somewhat well-known 1977 case, Marks v. [read post]
29 Jun 2014, 9:01 pm by Vikram David Amar
Courts can revisit their prior rulings, higher courts can change the legal landscape against which lower courts make decisions (as the Supreme Court in fact did in the immigration regulation setting in 2012 in Arizona v. [read post]