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2 Mar 2013, 8:40 pm by Michael J.Z. Mannheimer
In case you missed it, John Stinneford and I have been having a lively debate in the comments section of my most recent post on my (admittedly novel) claim that the Cruel and Unusual Punishments Clause can be read in a state-specific way. [read post]
12 Dec 2011, 11:18 am by david
Adding further to the historic rank of the Supreme Court’s current Term, the Justices on Monday took on the searing constitutional — and political — controversy over state power to strictly limit the way undocumented immigrants live their lives in the U.S. [read post]
30 Jun 2016, 9:01 pm by John Dean
While there is a so-called “political question” doctrine, first established in Luther v. [read post]
28 Oct 2010, 5:17 am
They lived off the fruit of the land without properly husbanding it. [read post]
15 May 2019, 2:57 am by Matrix Legal Support Service
Dissenting, Lady Hale agreed with the principles discussed by Lord Wilson, but held that the Government failed to strike a fair balance between the very limited public benefits of the cap and the severe damage done to the family lives of young children and their lone parents. [read post]
14 Feb 2022, 10:32 am by Eric Goldman
The other referenced tags remind me of what the Ninth Circuit wrote in Perfect 10 v. ccBill (in the copyright context): “When a website traffics in pictures that are titillating by nature, describing photographs as ‘illegal’ or ‘stolen’ may be an attempt to increase their salacious appeal, rather than an admission that the photographs are actually illegal or stolen. [read post]
29 Apr 2016, 9:32 pm by Michael Froomkin
If those cases, Morrison v. [read post]