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19 Sep 2022, 6:30 am by Guest Blogger
Levinson’s insights on dysfunctional governance in the U.S. system have broad application. [read post]
27 Jul 2022, 4:00 am by Michael C. Dorf
Jackson Women's Health Org., notwithstanding the statement (which appears twice) in Justice Alito's majority that "[n]othing in this opinion should be understood to cast doubt on precedents that do not concern abortion. [read post]
3 Dec 2019, 6:30 am by Guest Blogger
“Tucker’s rule” would presumably have required a robust application of the Tenth Amendment by construing congressional powers narrowly in all cases where the states’ reserved powers “may be drawn in question”—that is to say, all cases of implied powers. [read post]
29 Aug 2016, 6:46 am
 3637 Green Rd. is a good example of a court applying principles of equity and fundamental fairness instead of the application of “black letter law” which would otherwise result in an unjust decision, As aptly explained by the 12thDistrict Court of Appeals of Ohio (in Fields Excavating, Inc. v. [read post]
23 May 2016, 6:59 am
If your title commitment or survey show problems such as easements and liens having been filed against the property, better to know this sooner vs. later so you can, if you need to, walk away, get your money back and find a property without title/survey issues.One other way to ensure that you cover your diligence tracks, without having to write in the margins of a form contract is to add an Addendum to the Contract, comparable to the following, sometimes referred to as a “free… [read post]
12 Apr 2017, 10:47 am by Bob Bauer
The Obama Administration adopted a controversial position on the application of the War Powers Act to the U.S. role in the NATO military initiative against the Qadaffi regime. [read post]
21 Nov 2022, 5:09 am by Michael C. Dorf
Thus, our future super-reactionary Court could say, construing the RMA to have no application to same-sex marriage would not render the "on the basis of sex" language nugatory.Is the foregoing persuasive? [read post]
5 Mar 2024, 4:00 am by Michael C. Dorf
Indeed, some of the objections that went unaddressed were not merely seemingly obvious; they were articulated expressly in the concurrence in the judgment by Justices Sotomayor, Kagan, and Jackson (hereafter SKJ). [read post]
28 Oct 2022, 4:00 am by Michael C. Dorf
I made a more expansive version of the point on the blog in the context of unpacking (and worrying over) Justice Jackson's seeming endorsement of originalism in the recent oral argument in the Voting Rights Act case from Alabama. [read post]
6 Apr 2024, 5:00 am by Public Employment Law Press
READ MORE   ARTIFICIAL INTELLIGENCE NEWSLETTER Be the first to learn about creative applications of artificial intelligence in state and local government. [read post]
26 Mar 2023, 5:00 pm
As Coinbase argues in its brief: Under a straightforward application of this divestiture rule, when the issue on appeal is whether a case should proceed in court or arbitration, the entirety of the district court case is involved in the appeal. [read post]
19 Jul 2022, 7:18 am by Eric Segall
Thomas does not recognize the due process clause as a font of rights so that section can't be applicable. [read post]
1 Nov 2022, 7:46 am by Michael C. Dorf
No reasonable person would think that an otherwise marginal applicant whose parents gave the college a multi-million-dollar gift adds to the class overall. [read post]
29 Jun 2018, 12:30 pm by John K. Ross
Officers waited eight months after the controlled buy to apply for a search warrant; the application says the other man was seen in the area, not in the house, and the application doesn't give any indication as to the reliability of the unnamed sources. [read post]
6 Apr 2024, 5:00 am by Public Employment Law Press
READ MORE   ARTIFICIAL INTELLIGENCE NEWSLETTER Be the first to learn about creative applications of artificial intelligence in state and local government. [read post]
5 Jan 2016, 4:35 pm by Marty Lederman
 It does, of course, trigger application of the underlying, decades-old work authorization regulation, which makes it lawful for employers to hire such aliens (see Point 3, above). [read post]