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20 Feb 2019, 10:32 am by admin
New York,3 that the Supreme Court matter-of-factly held that the Takings Clause of the Fifth Amendment was “of course” applicable to the states.4 To justify incorporation, Penn Central cited only one 19th century case, which itself did not mention the Fifth Amendment.5 Before Penn Central, the Court relied on the Due Process Clause to restrict the scope of state taking power. [read post]
19 Feb 2019, 7:33 am by Phil Dixon
The defendant in Schlup asserted new Brady discovery violations and Strickland ineffective assistance claims, which (if proven) would undermine confidence in the trial, along with a claim of actual innocence. [read post]
14 Feb 2019, 8:42 am by Jeremy Saland
Once the prosecutor was in possession of the Brady material, he disclosed the same to us and after working through some issues agreed that our client should not return to court, the case should be advanced and the People would dismiss the case. [read post]
6 Feb 2019, 8:47 am by David Kopel
As our brief explains, firearms manufacturers readily comply with California mandates (no matter how foolish) when manufacturers can do so. [read post]
5 Feb 2019, 5:37 pm by Conrad B. Wilton
  And, as O’Brien’s brief notes, expressions that are “standard, stock, or common to a particular subject matter are not protectable under copyright law. [read post]
24 Jan 2019, 9:01 pm by Vikram David Amar
But neither of those observations addresses the key question in this case: what, if anything, in the federal Constitution interferes with a state’s control over its subdivisions, which control is ordinarily a matter reserved for state law? [read post]
8 Jan 2019, 6:45 am by Kevin Kaufman
Key Findings The Tax Cuts and Jobs Act created the Opportunity Zones program to spur investment in economically distressed census tracts. [read post]
30 Dec 2018, 3:03 am by Ben
2018 was another busy busy year in the world of copyright, and a continuing global 'theme' was the ongoing battle between 'big tech' and 'big content', with the likes of Google and YouTube continuing to lobby extensively against planned reforms, bringing onboard (some) of the creative community - whilst the  'big content' (including film companies, music companies, the games sector and television) rolled out other creators - and finally seemed to be… [read post]
19 Dec 2018, 5:48 am by Quinta Jurecic, Benjamin Wittes
Judge Sullivan then went on to question his lawyers: “Do you have any concerns that potential Brady material”—that is, exculpatory evidence material to the defendant’s guilt or innocence under Brady v. [read post]
14 Dec 2018, 1:19 pm by Kish Law
The prosecutors conveniently “forgot” to hand over to defense counsel a statement made by Brady’s  co-defendant that Brady did not kill the victim, the other guy did it. [read post]
9 Dec 2018, 9:05 am by David Post
I would have been content to leave the matter there, but Prof. [read post]
6 Dec 2018, 9:10 pm by Jonathan Spontarelli
Wisconsin Republicans passed bills that effectively kneecap the state’s incoming Democratic governor and attorney general with measures that limit or eliminate their abilities to act on aspects of gun control, a lawsuit on the Affordable Care Act, and various other state matters. [read post]
6 Nov 2018, 3:27 am by Edith Roberts
Cecilia Bruni and Brady Plastaras preview the case for Cornell. [read post]