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19 Feb 2024, 8:57 am
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 8:22 am
So, perhaps Houston’s spirit was present that day. [read post]
19 Feb 2024, 5:57 am
Yet in two prominent cases, Kennedy v. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
Perhaps the Court has already decided to grant review in the Fairfax County case but is waiting to ensure that it isn't argued until next Term, so that it doesn't appear to be reaching out to gut affirmative action's substitutes so soon after SFFA. [read post]
19 Feb 2024, 3:00 am
State v. [read post]
19 Feb 2024, 12:36 am
Trump and his business associates were engaged in so much lying, and so much fraud, the Judge concludes. [read post]
19 Feb 2024, 12:22 am
So, within this cooperation framework, PMAC arbitral tribunals may request the UPC to submit a request for a preliminary ruling to the CJEU on its behalf. [read post]
18 Feb 2024, 5:29 pm
It’s worse in the area of judicial officer and director removal, where the case law is so sparse we are forced to discern meaning from just a few words in a pair of cases. [read post]
18 Feb 2024, 9:54 am
It could be better and more fully explained, but it was not so opaque as to be unlawful. [read post]
18 Feb 2024, 8:34 am
The Supreme Court has found the Constitution guarantees the right to counsel but allows states, in most cases, to try to recoup the costs and that more than 40 do so, according to a 2022 report by the National Legal Aid and Defender Association. [read post]
18 Feb 2024, 6:45 am
Consequently, implied jurisdictions agreements are conspicuously absent and so the policy favours explicit consent. [read post]
18 Feb 2024, 6:30 am
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
17 Feb 2024, 2:52 pm
” Trizzino v. [read post]
17 Feb 2024, 11:36 am
From Teising v. [read post]
17 Feb 2024, 8:42 am
State v. [read post]
17 Feb 2024, 7:54 am
” Lutkauskas v. [read post]
17 Feb 2024, 2:47 am
Halet v. [read post]
16 Feb 2024, 5:44 pm
"The evil that men do lives after them; The good is oft interred with their bones; So let it be . . . [read post]
16 Feb 2024, 2:21 pm
The reason for this test is that those who accuse others of discrimination in good faith will not do so if the defendant takes action that will prevent others from doing so in the future. [read post]
16 Feb 2024, 12:30 pm
Note: Compare with Dick Heller of Heller v. [read post]
