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16 Feb 2009, 2:48 pm
“Our Court of Appeals,” Shadur wrote, “has squarely upheld the constitutionality of a ban on handguns a quarter century ago,” and did so by relying  upon an 1886 Supreme Court precedent (Presser v. [read post]
17 Jul 2021, 6:30 am by Guest Blogger
We argued that looking to this long history of improvisation might prove a surer path forward than looking squarely to the Constitution per se. [read post]
16 Jul 2009, 8:36 pm
See Williams, 549 U.S. at 343, 356-57; State Farm Mutual Automobile Insurance Co. v. [read post]
12 Jul 2016, 5:00 am by John Jascob
Durant jury trial in February 2016, personal benefit was squarely the issue, and the SEC won that case. [read post]
14 Nov 2014, 5:42 am by John Elwood
Farina, 13-1227, a state-on-top habeas case involving how much leeway a federal court is allowed in determining that a state court made an unreasonable factual determination; and Whitman v. [read post]
2 Aug 2010, 10:09 am by Ilya Somin
In addition, the other states could try to establish standing by relying on the broad theories of state standing endorsed by the Supreme Court in Massachusetts v. [read post]
1 Sep 2016, 7:47 am by Sarah Turberville
Gross: “I would ask that counsel also brief whether our cases that have abandoned the historical understanding of the Eighth Amendment, beginning with Trop [v. [read post]