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8 Jun 2018, 7:20 am by Marty Lederman
  Or before we consider the traditional practice of DOJ to defend the constitutionality of statutes when reasonable arguments are available:  None of the established reasons for deviating from that practice (which I discussed in this post, about why it was not necessarily problematic that Acting Solicitor General John Roberts attacked the constitutionality of statutes in Metro Broadcasting) are remotely applicable here.But it gets worse . . . .The Government’s Implausible… [read post]
6 Jun 2018, 4:07 pm by Rick St. Hilaire
Materia[l]” with gross weight of 1450kg [3,197 lbs.] and assigned HTS 6913.90.500 valued at $1,808; and “Ceramic, Unglazed Tiles, Cub” with gross weight of 313kg [690 lbs.] and assigned HTC 6907.10.000, valued at $391.The U.S. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
Or what if it doesn’t matter what Congress intended? [read post]
6 Jun 2018, 4:00 am by Administrator
En effet, les règles de déontologie obligent l’avocat de la défense à s’assurer que le choix ultime est bien celui de l’accusé. [read post]
4 Jun 2018, 3:04 pm by Eugene Volokh
Such litigation in the dark is generally not allowed in the American court system, especially as to such central matters in a case. [read post]
4 Jun 2018, 6:09 am by Quinta Jurecic, Benjamin Wittes
Trump’s defense is an inelegant variant of “I didn’t do it, and even if I did, it wasn’t illegal. [read post]
3 Jun 2018, 1:52 pm
However, I do introduce some general thoughts on these matters by Paolo G. [read post]
30 May 2018, 2:00 am by Kelly Creighton
In yesterday’s Daily Advisor we looked at Jeffrey Pfeffer’s take on how the modern workplace is killing us. [read post]
30 May 2018, 2:00 am by Kelly Creighton
In yesterday’s Daily Advisor we looked at Jeffrey Pfeffer’s take on how the modern workplace is killing us. [read post]
29 May 2018, 5:54 pm by Lawrence B. Ebert
Although the PTAB adopted the opinion of IV’sexpert and stated on rehearing that it found Ericsson’sexpert lacking in credibility, this is not a matter of credibilitybut of technological evidence. [read post]
29 May 2018, 12:00 pm by Josh Blackman
As a threshold matter, it is a mistake to view the Federalist Society as a monolithic entity that can take an official position on the Russia probe, or any issue for that matter. [read post]