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22 May 2013, 6:00 am by Robert Chesney
That is, Congress should state explicitly that detention authority under the AUMF and the NDAA does not extend to any persons captured within the territory of the United States. [read post]
2 Jun 2023, 5:34 am by Rick Garnett
A short version, though, is that, a little more than 50 years ago, in Lemon v. [read post]
4 Apr 2016, 10:16 am by Lyle Denniston
Justice Ruth Bader Ginsburg wrote the main opinion  in the much-anticipated case of Evenwel v. [read post]
28 Feb 2018, 9:35 pm by Sophia Z. Lee
(The rest of the Court crafted a statutory analogue to Abood.) [read post]
11 Jun 2021, 9:30 am by ernst
Throughout, the law, while also in a state of continual change, has played at least a supporting role.Fulsome encomia by the likes of Banner and Hartog after the jump. [read post]
9 Apr 2015, 2:26 pm by Guest Blogger
  What is the point of all of the deliberation and debate (with examples and counterexamples, asserted and denied), and the crafting and drafting and redrafting of constitutional provisions, if those provisions will shortly be interpreted in terms of lofty principles with implications (to be enforced, by judges, against democratic majorities) that the enactors never intended, imagined, or desired? [read post]
12 Jan 2018, 2:48 pm by Will Baude
I have not had much to say about the Supreme Court's pending case of Byrd v. [read post]
19 Sep 2014, 5:30 pm by Cindy Cohn and rainey Reitman
The key law relied upon in the case, the Alien Tort Statute, requires, after a 2013 Supreme Court decision called Kiobel v Royal Dutch Petroleum, that plaintiffs show that the matter “touch and concern” the United States in order for the case to proceed here. [read post]
5 Aug 2014, 8:41 am by John Jascob
The case arose from Kurt Fuqua’s being fired by SVOX AG (SVOX) for not signing an intellectual property agreement as a condition of at-will employment.The decision may be remembered more for what it had to say about the Supreme Court’s Lawson opinion and SOX jurisdictional and timing issues than for its result: dismissal (without prejudice) of SOX whistleblower claims and its refusal to stay a related arbitration (Fuqua v. [read post]
20 Oct 2023, 5:18 am
See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501(1998). [read post]
18 Dec 2012, 8:31 am by Jeffrey W. Berkman, Esq.
If you are forming a corporation with a partner, regardless of whether it is with your best friend that you have known since birth or a new business relationship, executing a well-crafted Shareholders Agreement is essential. [read post]