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1 Sep 2010, 11:46 am
., 2010.Constitutional LawKF4550 .T873 2010Why the Constitution matters / Mark Tushnet.Tushnet, Mark V., 1945-New Haven, Conn. : Yale University Press, c2010.Constitutional LawKF4550.Z9 L578 2010Keeping faith with the Constitution / Goodwin Liu, Pamela S. [read post]
21 Nov 2011, 9:04 pm
Justice Department lawyers continued to make the same point in case after case but federal judges, in case after case, rejected it, concluding that the mandate and its penalty were not taxes or actual tax penalties, no matter how they were collected. [read post]
13 Mar 2012, 2:19 pm
Howards then remarked on the phone: “I’m going to ask him how many kids he’s killed today.” One agent in Cheney’s protective detail overheard the remark, and told other agents that Howards might bear watching, but no other action was taken at that point. [read post]
10 Sep 2009, 1:27 am
Kramer & Dorean M. [read post]
10 Sep 2009, 1:27 am
Kramer & Dorean M. [read post]
23 May 2011, 7:04 am
Despite the faint guilt-implication sneer of ‘cooperating with officials,’ the matter is actually straightforward: You’re helping us with our inquiries It’s all spelled out in the Evergreen Solar grant agreement, which is posted online and which I’m excerpting here. [read post]
17 Dec 2015, 9:01 pm
I’m just not impressed by the fact that . [read post]
10 Jan 2011, 8:29 pm
The Law The reader will know that things are not going well for a sound legal analysis when the trial court begins by misstating the controlling law for decision: “Under the Third Circuit framework, the focus of the Court’s inquiry must be on the experts’ methods, not their conclusions. [read post]
22 Apr 2024, 5:29 am
Signup to receive the Early Edition in your inbox here. [read post]
25 Jul 2020, 12:21 am
Next, Kavanaugh moves to the second step of the inquiry. [read post]
26 Apr 2018, 7:39 am
The existence of such a trade practice or understanding is a matter of fact and would have to be proven by evidence. [read post]
30 Sep 2012, 8:51 pm
In A&M Records, Inc. v. [read post]
20 May 2024, 8:06 am
The time-intensive historical inquiries demanded by originalism pose challenges for district and court of appeals judges with many cases to decide. [read post]
18 Mar 2021, 9:33 am
The trial court asked the defendant if he wanted to represent himself and the defendant responded, “Yes, I’m ready. [read post]
5 Aug 2024, 9:01 pm
” Because of Pennsylvania, New Jersey started an inquiry. [read post]
16 Dec 2013, 6:36 am
Or, at the very least, the tax imposed by § 4980D is so draconian that it would place enormous pressure on employers to comply—pressure that would be sufficient to at least trigger the “substantial burden” inquiry under RFRA. [read post]
22 Jun 2018, 11:05 am
He immediately highlights the potential privacy impact of CSLI, noting that “[m]uch like GPS tracking of a vehicle, cell phone location information is detailed, encyclopedic, and effortlessly compiled,” and distinguis [read post]
29 Feb 2008, 2:59 pm
One may ask – and I hope to get your thoughts specifically on this matter – whether this is the right question. [read post]
3 Dec 2022, 3:14 pm
I'm inclined to say that can't be sufficient for a RFRA claim: The mere fact that one's religion allows one to do something—and perhaps even counsels one to do whatever one thinks is right—doesn't strike me as enough to show a substantial burden. [read post]
10 Jun 2012, 6:56 pm
As with others before him, Paul Lemmen faced dramatic consequences as a result of voicing his opinions about a public figure and a matter of public controversy. [read post]
