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25 Oct 2017, 3:54 am by Graham Smith
Citations in the post are to that list and to paragraph numbers in the Communication.Index to Issues and AnnexPresumed illegalDue process at sourceLegal competence v practical competenceDue process v quality standardsManifest illegality v contextual informationIllegality on the face of the statute v prosecutorial discretionOffline v onlineMore is better, faster is bestLiability shield v removal toolNational laws v coherent EU… [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
There, the Court mostly construed the habeas corpus statute to find that a federal marshal who used deadly force to protect a Supreme Court Justice against a would-be assassin was enforcing federal law and thus shielded from state prosecution. [read post]
16 Dec 2021, 2:44 pm by Ram Eachambadi | JURIST Staff
But if states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way. [read post]
30 Jun 2011, 3:08 pm by Lyle Denniston
   In 1936, when a Court majority stretched its judicial muscles in Ashwander v. [read post]
3 Apr 2014, 9:06 pm by Florian Mueller
And on that basis Judge Koh told Apple it could not use an unasserted claim "as a sword and a shield and say we are shielding it from any validity challenge, but we're using it as a sword to prevent you from using it as a non-infringing alternative". [read post]
8 Mar 2024, 12:51 pm by Neil H. Buchanan
  No judicial minimalists they.And that brings me to my unusual connection to a pending case, US v. [read post]