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9 Apr 2015, 4:49 pm
Naul, supra (55 minute interval was too long to automatically preclude possibility of fabrication). [read post]
16 Mar 2005, 5:47 pm
If United States v. [read post]
28 Oct 2014, 5:00 am
That is the crux of the question in Comptroller v. [read post]
5 May 2012, 1:00 pm
What strikes me as a bit more interesting is the playing out, in another legal context, of the running argument between Scalia and Breyer over bureaucratic sentencing — an argument that has done much to animate the long line of cases following Apprendi v. [read post]
30 Mar 2016, 9:19 am
On March 28, 2016, the California Supreme Court handed down a long-awaited opinion in Baltazar v. [read post]
6 Jul 2007, 2:02 pm
United States & Carabell v. [read post]
8 Jun 2016, 12:36 pm
[Warning: Brutally ugly opinion and long blog post ahead] The evisceration of Section 230 continues. [read post]
12 Mar 2011, 9:38 pm
Commonwealth v. [read post]
12 Dec 2011, 1:36 pm
See Judulang v. [read post]
31 Jan 2010, 7:46 am
Kimco of Evansville, Inc. v. [read post]
10 May 2018, 8:00 am
Blendowski v. [read post]
16 Feb 2012, 4:35 am
Dechert's website had the following about their recent win in a lawsuit against Fundamental: Dechert attorneys obtained a favorable judgment issued on Feb. 7 by the First Department of the New York Appellate Division in Fundamental Long Term Care Holdings LLC v. [read post]
1 Nov 2010, 10:20 am
In The Right to Remain Silent , Professors Charles Weisselberg and Stephanos Bibas debate the state of the right to remain silent after the Supreme Court’s decision in Berghuis v. [read post]
9 Jun 2015, 3:00 am
District Judge Lee Rosenthal issued a long ruling, resolving a number of partial summary judgement motions filed in the case of Exxon Mobil Corporation v. [read post]
8 Feb 2024, 1:45 pm
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and that our… [read post]
16 Dec 2014, 11:40 am
On December 12, 2014, CMS published a proposed rule to revise selected conditions of participation (CoPs) for providers, conditions for coverage (CfCs) for suppliers, and requirements for long-term care (LTC) facilities to conform with the Supreme Court decision in United States v. [read post]
27 Mar 2024, 9:00 am
In State of Louisiana et al. v. [read post]
8 Feb 2024, 1:44 pm
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and that our… [read post]
26 Feb 2013, 7:48 am
For example, this week, in a statement regarding the denial of certiorari in Calhoun v United States (568 US __ [2/25/13]), Justices Sotomayor and Breyer condemned the racial argument of the Assistant United States Attorney, but did not name the attorney:It is deeply disappointing to see a representative of theUnited States resort to this base tactic more than a decade into the 21st century. [read post]
25 Jan 2012, 7:07 am
Monday’s decision in United States v. [read post]
