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11 Nov 2008, 6:44 am
California and, with Justice Souter joining, Zamudio v. [read post]
20 Jan 2009, 4:47 pm
  The Court hasn’t opined on this subject since the 1991 case of Payne v. [read post]
18 Apr 2013, 10:00 am by Dan Ernst
Although both lines ultimately trace back to Brandeis’ Coronado Oil dissent, this part demonstrates how the contemporary conflict effectively emerged out of a key debate between Chief Justice Rehnquist and Justice Thurgood Marshall in 1991’s Payne v. [read post]
8 Nov 2023, 6:53 am by John Elwood
(relisted after the Sept. 26, Oct. 6, Oct. 13, Oct. 27 and Nov. 3 conferences) Payne v. [read post]
16 Sep 2011, 2:34 am by 1 Crown Office Row
However, the cases of Ferguson v IC(EA/2010/0085) (on which, see my post here) and Brett v IC (EA/2008/0098) imposed an important gloss on that principle. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
22 May 2009, 8:19 am
Similarly, victim impact statements--upheld by a conservative Supreme Court majority in Payne v. [read post]