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4 Oct 2018, 7:25 pm by Brian Shiffrin
 If there are new instructions or legal principles included in the Court's response, and they are harmful to your case, object, citing this case, and noting that the defense did not have an opportunity to respond to or address those instructions during the trial, and this deprives your client of the rights to due process and a fair trial as protected by the New York State and United States constitutions. [read post]
11 Jun 2007, 10:06 am
He was not captured outside the United States, he is not being held at Guantanamo Bay or elsewhere outside the United States, he has not been afforded a CSRT, he has not been 'determined by the United States to have been properly detained as an enemy combatant,' and he is not 'awaiting such determination.' The MCA was not intended to, and does not, apply to aliens like al-Marri, who have legally entered, and are seized while… [read post]
2 Dec 2015, 4:36 am by David DePaolo
Last week the District of Columbia Court of Appeals ruled in Clement et al v. [read post]
1 Apr 2011, 8:05 am by JB
Both are fully available to the United States, and, moreover, the United States is currently employing them. [read post]
17 Jul 2012, 3:01 am by Albéniz Couret Fuentes
For instance, during the debate over the so-called question of imperialism in the immediate aftermath of the Spanish-American War of 1898, in which the United States stripped Spain of its island colonies, in a paper published in the Harvard Law Review, Professor James Bradley Thayer bluntly stated that “there is no lack of power in our nation,—–of legal, constitutional power, to govern these islands as colonies, substantially as England might… [read post]
27 Feb 2014, 3:50 pm by Jacek Stramski
This dispute arose when Bradley Westphal, a firefighter for the City of St. [read post]
3 Apr 2020, 12:58 pm by NCC Staff
Banks look at some of the history of martial law in the United States and say that, while unlikely, it is not impossible that a president facing the situation we now find ourselves in would declare martial law—but it would be wrong to do so. [read post]
17 Jun 2022, 2:09 pm by admin
  Ever since the United States Supreme Court decided Daubert v. [read post]
9 Feb 2017, 11:44 am by Eugene Volokh
After hearing the motion, the Court directed the file be sent to the United States Attorney for investigation. [read post]
19 Jun 2012, 1:31 pm by WIMS
The first is whether the United States has sovereign immunity from the suit by virtue of the Quiet Title Act(QTA), 86 Stat. 1176. [read post]