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21 Apr 2023, 12:10 pm by John Floyd
Supreme Court, in one of its most historical decisions, Marbury v. [read post]
21 Apr 2023, 7:30 am by Daniel Carpenter-Gold
” This caveat originates in the last few words of EPCA’s preemption provision: state and local regulations on energy use are preempted only “with respect to [an EPCA-covered] appliance. [read post]
21 Apr 2023, 6:05 am by Leila Nadya Sadat
This collective conferral allows them to create entities that are, in the words of Carsten Stahn, “more than the sum of their parts,” or, as U.S. [read post]
20 Apr 2023, 9:01 pm by Michael C. Dorf
In Colorado and most other states, it suffices to show that given the whole context, a reasonable person would have understood the words as a true threat. [read post]
20 Apr 2023, 3:49 pm by Ronald Mann
ShareMonday’s arguments in Lac du Flambeau Band v Coughlin takes the justices back once again to the question of tribal immunity. [read post]
20 Apr 2023, 10:26 am by Ronald Mann
This is the second decision in the past month, following Wilkins v United States, reversing a lower court holding that a particular statute is jurisdictional, ruling instead that the statute is merely a “precondition to relief. [read post]
20 Apr 2023, 10:26 am by Neil H. Buchanan
  Most notably, the letter uses the word coercion in two distinct contexts without acknowledging that that word cannot possibly mean the same thing in both, and it also manages to use that word incorrectly both times. [read post]
20 Apr 2023, 5:30 am by Josh Blackman
Justice John Marshall Harlan I use that word in his Civil Rights Cases dissent from 1883: But what was secured to colored citizens of the United States—as between them and their respective States—by the grant to them of State citizenship? [read post]
19 Apr 2023, 6:13 pm by Josh Blackman
In other words, can the actions of a state court judge inflict an Article III injury, that can be redressed in federal court? [read post]