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28 Mar 2009, 3:44 am by Sean Hayes
If we allow courts to adopt foreign constitutional law, with no foundation within the text of the Korean Constitution, we are then simply allowing courts to have powers not granted through the Constitution, and thus usurp powers from other branches or the people. [read post]
4 Feb 2011, 1:09 am by David Cheifetz
There is a very recent decision of the British Columbia Court of Appeal: Clements (Litigation Guardian of) v. [read post]
28 Jun 2024, 9:50 am by Will Baude
She did something similar in the consolidated cases in Students for Fair Admissions v. [read post]
12 Oct 2013, 9:01 pm by Dan Flynn
This legal theory stems from a 1975 Supreme Court decision in U.S. v. [read post]
2 Feb 2007, 1:32 pm
Familiar examples, to name just a few, include Justice Harlan's famous dissenting opinion in Plessy v. [read post]
28 Jun 2012, 9:30 pm by Richard Murphy
 As the Supreme Court stressed in Massachusetts v. [read post]
9 May 2013, 10:12 am by Benjamin Wittes
On the other hand, I do take very seriously people who argue for only the most limited such core—and specifically against the notion that the core of the Commander in Chief Clause precludes heavy-handed tactical interventions in warfare by the Congress. [read post]
18 May 2009, 3:46 pm
Tribe responded, "I do think Congress (and the Executive Branch) could avoid serious Bill of Attainder problems by passing a sufficiently broad law . . . rather than targeting a closed class of named executives even though the prohibition against Bills of Attainder, unlike that against Ex Post Facto laws, potentially reaches civil as well as criminal penalties. [read post]
21 Dec 2023, 9:06 pm by Bryn Hines
Pierce explained that in 1983, the Supreme Court’s MVMA v. [read post]
9 Sep 2012, 10:05 pm
In People v Lopez, an undercover narcotics officer approached defendant and who were standing outside a building located 420 feet from a public school in Bronx County. [read post]
12 Oct 2007, 9:52 pm
Lightbourne's attorney, Susan Myers Keffer, said other states have less secrecy and that Florida should be more open about who's sticking needles into inmates. ''We don't know these people's personnel records and their employment. [read post]
30 Aug 2017, 9:01 pm by Brad Miller
The US Supreme Court has spoken directly on this point in Young v. [read post]
10 May 2010, 12:41 pm by Mirriam Seddiq
And the recent Court of Appeals decision in Hurrell-Harring v the State of New York, which reinstated the NYCLU lawsuit, looms above those negotiations. [read post]