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26 Aug 2024, 9:37 am by Eric Goldman
I am highly skeptical that they can, and the court can’t ease the plaintiff’s burdens before shifting to defenses. [read post]
23 Apr 2009, 5:05 am
The CCA held that Young never discharged his burden to show that he was arrested without a warrant. [read post]
24 Jan 2011, 6:58 am by A. Benjamin Spencer
Collins, 546 U.S. 333, 338-39, 126 S.Ct. 969, 974, 163 L.Ed.2d 824 (2006) ( “State-court factual findings, moreover, are presumed correct; the petitioner has the burden of rebutting the presumption by ‘clear and convincing evidence. [read post]
18 Mar 2013, 12:35 pm by Howard Wasserman
But most of those decisions came before SCOTUS' 2009 decision in Fitzgerald v. [read post]
18 Jan 2025, 6:30 am by Guest Blogger
  The challenge is that the constitutional amendment process under Article V is too rigid. [read post]