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24 Feb 2009, 8:10 am
As the amici curiae brief explains, this argument is contrary to the long-standing principles under which state law governs companies’ internal affairs and determines how they exercise their powers. [read post]
23 Feb 2009, 7:08 am
Spisak (08-724) — Judges’ duty to advise jurors on whether unanimity is required in finding factors that bear upon imposing a death sentence. ** Johnson v. [read post]
22 Feb 2009, 12:27 pm
" He then cites a number of precedents in supoort, including Zadvydas, Verdugo-Urquidez, and Johnson v. [read post]
18 Feb 2009, 1:11 am
However, we do so in this case because we note the Johnson Court's holding was based in part upon the decision of the South Carolina Court of Appeals in Sims v. [read post]
15 Feb 2009, 9:00 pm
That would make mass torts less massive and all litigation easier to defend.And, of course, if the law barred DTC advertising for two years, we could explain to juries that the law requires not just FDA approval of a new drug, but also an intentionally slow introduction to the market to help protect public safety, even if that slow introduction reduces corporate profits.So we're of two minds on this issue.But we can't stop there: Remember the decision in West Virginia ex rel… [read post]
10 Feb 2009, 5:24 am
Smith, D-Queens, joined Senator Craig Johnson, D-Port Washington, at a Mineola news conference to announce a measure that would prohibit registered sex offenders from living within 1,000 feet of a school, park or day-care center, the precise residence requirement contained in the local law that was stuck down. [read post]
29 Jan 2009, 3:45 am
  Justice Ginsberg’s opinion in Johnson doesn’t reject that reasoning, but rejects the result, relying on three prior Supreme Court decisions:     the 1977 decision in Pennsylvania v. [read post]
27 Jan 2009, 3:55 am
Johnson, SCOTUSblog decided to sound the alarm about an expansion of police power when the opinion is actually perfectly in line with Terry v. [read post]
26 Jan 2009, 2:30 pm
Long, 463 U.S. 1032, 1047, who may minimize the risk of harm by exercising "'unquestioned command of the situation,'" Maryland v. [read post]