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6 Feb 2024, 7:20 am
This should be a general caution about its use, and one that we think has proven unfortunately true in Lash's discussion of the self-execution issue. [read post]
6 Feb 2024, 6:30 am
Similarly, for Kavanagh, the purpose of a “representative democracy” is to create “some ‘deliberative distance’ between the people and their elected representatives so that elected politicians have sufficient opportunity to discern and devise policies in the true interest of the country” (ibid., 44). [read post]
6 Feb 2024, 4:54 am
If true, this would be relevant to an important legal point of interpretation of Section Three. [read post]
5 Feb 2024, 7:05 am
That is all the more true when rendering decisions involving members of the Permanent Five S [read post]
4 Feb 2024, 6:29 pm
Trump argues that the evidence before the Colorado courts was insufficient to establish that he intended his speech on January 6 to incite a violent (as opposed to a peaceful) resistance to the counting of the electoral votes by Vice-President Pence and the Joint Session of Congress, and therefore failed to satisfy the Brandenburg incitement standard. [read post]
4 Feb 2024, 5:57 pm
This is particularly true when the decision believed erroneous is the application of a constitutional principle, rather than an interpretation of the Constitution to extract the principle itself. 321 US at 666. [read post]
3 Feb 2024, 2:04 pm
") What is more, these constitutional constraints in fact serve basic democratic functions, and that is especially true of Section Three. [read post]
3 Feb 2024, 9:52 am
But Congress may by a vote of two-thirds of each House, remove such disability. [read post]
2 Feb 2024, 12:30 pm
District court: Even taking the male student's version of the facts as true, case dismissed. [read post]
2 Feb 2024, 6:51 am
Surely, Trump would be kicked off the ballot as ineligible, or votes for him would simply not count. [read post]
1 Feb 2024, 7:13 am
That is simply not true. [read post]
1 Feb 2024, 5:50 am
” Still he did find some other claims made by South Africa to be plausible: “My decision to vote in favour of the measures indicated rests on the plausible claim by South Africa that certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention …. [read post]
31 Jan 2024, 7:10 am
At that point, most states will probably continue to include Trump’s name on their general election ballots (especially if their state laws don’t authorize any exclusion, which might be true in the vast majority of states). [read post]
30 Jan 2024, 6:00 am
The motion was filed by counsel for Michael Roman in the Fulton County, Georgia, election interference case arising from Donald Trump’s demand to “find 11,780 votes” and associated conduct by him and his co-conspirators. [read post]
29 Jan 2024, 1:13 pm
" This is especially true given the historical context of the amendment's passage. [read post]
28 Jan 2024, 8:49 pm
§ 1-7-114(2) (“A vote for a write-in candidate shall not be counted unless that candidate is qualified to hold the office for which the elector's vote was cast. [read post]
28 Jan 2024, 4:48 pm
The common carriage analysis was not, it had only his own vote. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
26 Jan 2024, 10:36 am
Utah Aug. 18, 2023): Heuberger argues that Route’s Breach of Contract claim fails because the non-disparagement provision in the Terms is unenforceable under the Consumer Review Fairness Act (“CRFA”) and inapplicable because Heuberger’s comments reflected his personal experiences with Route, and were either substantially true or statements of opinion. [read post]
26 Jan 2024, 9:01 am
Moreover, Israel’s ad-hoc Judge Aharon Barak voted in favor of two provisional measures, including that Israel must take “immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance. [read post]
