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19 May 2010, 11:49 pm by Steve Vladeck
If we gave that choice any weight in the Eleventh Amendment inquiry, we would be permitting Indiana to use its own choice to set up an independent state agency as a means to shield its state hospitals and institutions from the very investigatory and oversight powers that Congress funded to protect some of the state's most vulnerable citizens. [read post]
30 May 2011, 6:00 am by Adam Wagner
One is being appealed in the normal way by the Secretary of State for Education, but the other may lead to a fundamental rethink of the Scottish justice system. [read post]
3 Apr 2013, 4:55 pm by Sandy Levinson
  Must the Scalian theory of a "limited government of assigned powers" be adhered to though the heavens fall? [read post]
10 Jun 2015, 5:34 am by Patricia Salkin
Given this state law, the city of Kent enacted a zoning ordinance that prohibits collective gardens within its city limits. [read post]
30 Sep 2020, 9:50 am by Jon Sands
Nelson accuses the panel of adopting broad supervisory power over the state court rather than the narrow legal standard of deference under AEDPA. [read post]
14 Aug 2020, 12:19 pm by Andrew Koppelman
    The trouble with these arguments is that they turn on the limitations on the commerce power that the Court invented in NFIB v. [read post]
18 Nov 2013, 7:05 am by Gritsforbreakfast
According to the civil liberties group:The government relies on a 1979 case, Smith v. [read post]
8 Dec 2016, 1:30 am by Blog Editorial
Eadie QC: yes. 15.20 Eadie QC submits that Parliament set up a legislative scheme under the 1972 Act by way that actions by the UK Government and those of other member states flow back to affect member states. [read post]