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3 Sep 2017, 5:47 pm
Pleicones as stating anything other than the individual views of the case by himself and Justice Hearn.In other words, there were three votes out of five (a majority) to regard the trial court's findings of fact as binding upon the Supreme Court, rather than subject to de novo review. [read post]
3 Sep 2017, 5:47 pm
Pleicones as stating anything other than the individual views of the case by himself and Justice Hearn.In other words, there were three votes out of five (a majority) to regard the trial court's findings of fact as binding upon the Supreme Court, rather than subject to de novo review. [read post]
10 Aug 2017, 12:56 pm by Rebecca Tushnet
Only 4 cited © cases: Mazer v. [read post]
25 May 2011, 11:46 pm
United States, 429 U.S. 17 (1976), and Precision Instruments Manufacturing Co. v. [read post]
27 Feb 2018, 3:59 pm
As Rogan rightly states, “In Sen’s work, the two critiques [i.e., the ‘moral’ and the ‘material’] of capitalism cooperate. [read post]
3 May 2024, 6:30 am by Guest Blogger
  Notwithstanding tobacco’s high death toll and damaging health effects, tobacco companies have survived hundreds of lawsuits challenging their promotion and distribution of a deadly drug, including Lorillard Tobacco Co. v. [read post]
6 Jun 2018, 5:49 am by Matthew Weybrecht
One of the most famous and compelling defenses of the unitary executive comes from Justice Antonin Scalia’s dissent in Morrison v. [read post]
1 Jun 2020, 2:19 pm by Corynne McSherry
The Office also suggests the Ninth Circuit’s decision in Lenz v Universal Music was mistaken. [read post]
26 Feb 2018, 4:00 am by Keith E. Whittington
As Jefferson later emphasized to the Virginia jurist Spencer Roane, who was doing battle in the press with Chief Justice John Marshall over the court’s opinion in the McCulloch v. [read post]
18 Feb 2013, 2:56 pm by Kevin Goldberg
  At this point I’m reminded of the opening statement of one Vincent LaGuardia Gambini in the fictitional trial of Alabama v. [read post]
6 Dec 2017, 1:19 pm by ligitsec
105 S.Ct. 2218 85 L.Ed.2d 588 HARPER & ROW, PUBLISHERS, INC. and the Reader’s Digest Association, Inc., Petitionersv.NATION ENTERPRISES and the Nation Associates, Inc. [read post]
2 Aug 2011, 2:01 pm by Frank Pasquale
Groups like Tea Party Patriots see this outcome as not merely wise policy, but as a constitutional imperative. [read post]
4 Jan 2021, 4:30 am by Franklin C. McRoberts
“These elements must be established by clear and convincing evidence” (Jones v State Farm Fire & Cas. [read post]