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23 Nov 2020, 9:01 pm by Michael C. Dorf
Yet, as Federal District Judge William Stickman observed in a Pennsylvania case in September of this year, although “Jacobson has been cited by some modern courts as ongoing support for a broad, hands-off deference to state authorities in matters of health and safety, other courts and commentators have questioned whether it remains instructive in light of the intervening jurisprudential development. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Some statutes contain severability clauses or non-severability clauses that answer the question directly, but others, like the ACA, are silent on the matter. [read post]
13 Oct 2020, 9:01 pm by Michael C. Dorf
Even in states that do not follow Smith as a matter of state constitutional law—and thus allow religious exceptions to general laws—no one may engage in FGM, because of the harm it inflicts. [read post]
If the President were to be selected by the House under the relevant provisions that we describe below, each state—no matter its population—would get exactly one vote. [read post]
15 Sep 2020, 9:01 pm by Michael C. Dorf
Even many of those who have the financial means to pay cannot, as a practical matter, have their voting rights restored, because the state and local records rarely make clear exactly how much an ex-felon owes in LFOs and to whom. [read post]
26 Aug 2020, 12:44 pm by Daniel Shaviro
 c) Depending on how one ends up deciding to use the term, deemed dividend rules might be viewed as inconsistent with the CAA regime. [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
That is a “dog bites man” story if ever there was one.Nearly everything else in the July 27 article is a matter of public record or easily inferred from the Court’s opinions. [read post]
23 Jul 2020, 5:55 am by Kevin Kaufman
Key Findings Allowing companies to fully and immediately deduct investments in structures is one of the most cost-efficient ways lawmakers can stimulate investment, create jobs, and boost GDP during a post-pandemic recovery. [read post]
21 Jul 2020, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
13 Jul 2020, 5:01 am by Emma Broches, Julia Solomon-Strauss
And a day earlier, two men, Steven Carrillo, 32, and Robert Alvin Justus Jr., 30, apparently used peaceful protests against police brutality in Oakland, California, as a cover for killing security officers. [read post]
29 Jun 2020, 3:26 am by Peter Mahler
The founder and manager of FGLS and C&P, and the direct conduit to Bernie Madoff and BLMIS, was Steven Mendelow. [read post]
26 Jun 2020, 3:00 am by Jim Sedor
National/Federal A Winner on Election Day in November? [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
Dooley say that “no matter whether th’ constitution follows th’ flag or not, th’ supreme coort follows th’ iliction returns. [read post]