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Judge Stephen Higginson dissented and argued that “under the majority’s rule, the defendant wins by default whenever the government fails to prove that a statute unambiguously criminalizes the defendant’s conduct. [read post]
8 Jan 2023, 4:25 am by jonathanturley
After all, that a court should defer to the Government’s expressed interpretation is just a legal argument, and a party waives a legal argument if it fails to raise the argument when presented with the opportunity. . . . [read post]
6 Jan 2023, 4:07 pm by Eugene Volokh
Eight members (Judges Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, and Wilson) reverse on the ground that federal law unambiguously fails to cover non-mechanical bump stocks.} [read post]
3 Jan 2023, 6:30 am by Guest Blogger
As Confederate Vice President Alexander Stephens made clear: Our new government is founded upon . . . its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. [read post]
1 Jan 2023, 12:07 pm by Douglas A. Berman
As Sady told me, “The BOP has failed to adequately implement critical legislation to improve the conditions of people in prison. [read post]
29 Dec 2022, 9:13 pm by Stephen Rosenberg
Harvard Pilgrim Healthcare, found that the insurer had an insufficient basis for denying out of network benefits to the insured because the insurer failed to directly address and refute the insured’s medical basis for seeking the out of network treatment. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
JANUARY Supreme Court Justice Stephen Breyer announced that he will retire in October, at the end of the current Supreme Court term. [read post]
27 Dec 2022, 9:05 pm by Series of Essays
June 23, 2022 | Karis Stephen Scholars assess what it will take to support sustainability within the global fashion industry. [read post]
27 Dec 2022, 11:23 am by Tobin Admin
Plus, the Court ruled that the plaintiff failed to show that the periodic inspection of the premises—for which she was directly responsible—was inadequate. [read post]
26 Dec 2022, 9:05 pm by Series of Essays
Griffin, Loyola University Chicago; Aseem Prakash, University of Washington ESG initiatives will provide little social value if firms do not improve conditions that led CSR to fail. [read post]
‘Twas three nights before Christmas And all through the House, Not a creature was stirring Except the staff of the Jan. 6 Committee, which was frantically trying to release their final report and many hundreds of accompanying documents before they all turned into pumpkins when control of Congress turned over. [read post]
23 Dec 2022, 11:01 am by Bob Bauer, Jack Goldsmith
Fourth, the new law specifies that a president who fails to nominate an inspector general within 210 days after a vacancy occurs, or a nomination fails, must explain to Congress the reasons for the delay and provide a target date for making a formal nomination. [read post]
23 Dec 2022, 3:00 am by Jim Sedor
National/Federal An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022 The conventional critique of the U.S. [read post]
21 Dec 2022, 7:11 am by Jim Sedor
Campaign Finance National: “Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court” by Andrew Kaczynski and Em Steck (CNN) for MSN Florida: “Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election” by Lisa Huriash (South Florida Sun-Sentinel) for MSN Virginia: “Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job” by Graham Moomaw for Virginia Mercury Ethics… [read post]
18 Dec 2022, 3:52 pm by admin
Another of the 33 cases was the New Jersey case brought by Stephen Lanzo, for whom Moline testified as an expert witness.[13] In the course of the Lanzo case, the defense developed facts of Mr. [read post]
16 Dec 2022, 4:59 pm by Katherine Pompilio
  Schneider shared an episode of the Idea Machines podcast in which Ben Reinhardt sat down with Stephen Dean to discuss how government-funded science can fail American society: And Swain shared a call for listener questions for Lawfare’s annual “Ask Us Anything” podcast episode. [read post]
16 Dec 2022, 3:38 am by Chris Seaton
” At the end of the month, Justice Stephen Breyer announces his retirement. [read post]
15 Dec 2022, 11:17 am
If engaging in rigorous and accurate analysis is the goal, the Court has effectively required the costly measures required to accomplish correct results.At the Volokh Conspiracy, Stephen Halbrook argues against the employment of historical experts to advise courts on the historic landscape of gun restrictions in Second Amendment cases. [read post]