Search for: "JOHN DOE, in their Official and Individual Capacities"
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6 Nov 2017, 4:30 am
Watergate represented a series of illegal acts and bad judgments by a number of individuals. [read post]
23 Oct 2017, 4:00 am
That language does not make clear whether a president’s death caused the vice president to assume the presidency or merely take on the presidential powers in an acting capacity until a special election chose a successor. [read post]
16 Oct 2017, 3:35 pm
Unfortunately, the Liberty Act does not solve this problem. [read post]
16 Oct 2017, 9:09 am
Tenth Circuit: He can sue officers in their official, but not individual, capacities and press his claim the city failed to train them properly. [read post]
11 Oct 2017, 4:37 am
[i] While he couldn’t sue the prosecutors individually because of the doctrine of absolute prosecutorial immunity created by the Supreme Court, he did sue the Parish of Orleans (essentially New Orleans) through the device of suing the District Attorney (Harry Connick[ii]) in the DA’s official capacity. [read post]
17 Sep 2017, 11:34 am
In the present context, it also means that 8/40, or exactly 20 percent, of those individuals who signed the Constitution were immigrants. [read post]
15 Sep 2017, 8:02 pm
Sebelius (2012), Chief Justice John Roberts bent over backwards to reinterpret the Obamacare individual health insurance mandate as a “tax,” in order to prevent it from being unconstitutional. [read post]
12 Sep 2017, 7:00 am
Sweden does not keep statistics on religious identities or ethnicities but in 2016 close to 1.7 million of the 10 million individuals living in Sweden were born abroad. [read post]
25 Aug 2017, 3:03 pm
We are aware of your official press office account, @SenRubioPress, but the existence of this account does not alter the official nature of your @MarcoRubio account. [read post]
21 Jul 2017, 12:41 pm
You have truly remarkable appellate capacity. [read post]
12 Jul 2017, 3:50 am
Here is John’s guest post. [read post]
10 Jul 2017, 10:10 am
Many cyber experts agree that international law does not yet draw crisp lines between permissible and impermissible activities in cyberspace. [read post]
1 Jul 2017, 12:00 pm
As John Mikhail has painstakingly documented, the answer is no—and we don [read post]
24 Jun 2017, 11:59 am
In a 4-2 decision, it determined that the individuals rounded up and detained in a Brooklyn prison after 9/11 could not sue government officials for alleged Fifth Amendment violations, including physical abuse, in a Bivens action. [read post]
23 Jun 2017, 12:30 pm
The state countered that the church members are free to exercise their religion, but the state does not have to pay for it. [read post]
22 Jun 2017, 5:40 pm
Six Unknown Federal Narcotics Agents, which held that a violation of the Fourth Amendment by federal government officials could give rise to a lawsuit for damages. [read post]
22 Jun 2017, 5:12 am
” The decision is likely to be written by either Chief Justice John Roberts or Justice Samuel Alito, because neither justice has written an opinion from the December sitting yet. [read post]
14 Jun 2017, 5:44 pm
The First Amendment binds President Trump when he acts in his official capacity. [read post]
6 Jun 2017, 5:10 pm
Government officials can act in two different capacities: on behalf of the government and expressing their own views. [read post]
4 Jun 2017, 7:51 pm
The SOE does not easily fit within the classical division of obligation, expressed in political and legal theory, between public and private entities, and their respective relationship to law.[3] States have a duty which is undertaken through law;[4] enterprises have a responsibility which is embedded in their governance.[5] These fundamental divisions form part of the current international efforts to institutionalize human rights related norms on and through states and enterprises, and… [read post]
