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7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
14 Nov 2011, 12:38 pm by Steve Hall
More on last week's oral argument in Smith v. [read post]
18 Jul 2014, 11:55 am
Smith & Nephew, 2005 WL 3470337, at *5 (M.D. [read post]
12 Jan 2012, 6:45 am by Nabiha Syed
Garrett examines Justice Thomas’s dissent in Smith v. [read post]
6 Jan 2010, 6:00 am by Beck, et al.
Dec. 30, 2009) (applying Colorado law); Smith v. [read post]
23 Feb 2018, 2:25 pm by Orin Kerr
That was a huge deal in 1986 because Congress understandably assumed after Smith v. [read post]
23 Feb 2018, 2:21 pm by Orin Kerr
I have blogged a lot over the last two years on the pending case of United States v. [read post]