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11 Jul 2018, 2:18 am by Matrix Legal Support Service
The Court considered the principle that whenever a statutory section creates a criminal offence but does not refer to the offender’s mens rea, there is a presumption that to give effect to the will of Parliament, the court must read in words requiring mens rea. [read post]
10 Jul 2018, 6:21 pm by Adam Feldman
Although Kennedy frequently assigned the opinions in such instances, the associate justice who most often performed that function was Justice John Paul Stevens. [read post]
9 Jul 2018, 8:49 pm by Ilya Somin
In Sissel, Kavanaugh rejected a challenge to the mandate (which, by this time, had been reinterpreted as a tax by Chief Justice John Roberts' opinion in NFIB v. [read post]
9 Jul 2018, 7:08 am by Andrew Hamm
John Bowden compiles this and other statements, regarding whom “top conservatives and allies of the president want to see Trump pick for his next nominee,” for The Hill. [read post]
6 Jul 2018, 8:52 am by Edward Foley
Yet freedom does not stop with individual rights. [read post]
6 Jul 2018, 7:18 am
The Passions: A Study of Human Nature (John Wiley & Sons, 2018)Harris, William V. [read post]
3 Jul 2018, 6:14 pm by Stephen Page
  The price was John the Baptist’s head on a platter – which was then cut and provided.Thankfully, our legal system does not operate in such a brutal manner, but often when we seek to find the truth about companies, we engage in the Dance of the Seven Veils, often involving smoke and mirrors and often the truth still eludes us.2. [read post]
3 Jul 2018, 4:29 pm by Pratheepan Gulasekaram
He concurred and joined Justice John Paul Stevens’ five-justice majority in Hamdan v. [read post]
3 Jul 2018, 5:32 am by Andrew Hamm
Valentin Vandendaele at Leiden Law Blog describes – and advocates – use of the efficiency gap to measure partisan gerrymandering, which the court declined to do this term in Gill v. [read post]
2 Jul 2018, 9:01 pm by Neil H. Buchanan
Less broadly, Justice John Paul Stevens infamously “failed the First Amendment” with his dissenting 1989 vote that would have allowed governments to ban flag burning, a view that he did not change in subsequent years.The point is that finding exceptions to rules does not mean that there are no rules. [read post]