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20 Dec 2018, 8:00 am
Kovel, 296 F.2d 918 (2d Cir. 1961), available here. [read post]
18 Dec 2018, 9:02 pm
Let me provide four examples of how originalism can go awry, both as a general matter and when employed in the interpretation of the First Amendment. [read post]
18 Dec 2018, 5:24 pm
Per the Court: “[T]he fair argument standard purposely sets a low threshold of evidence in order to maximize environmental protections and thereby fulfill the purposes inherent in CEQA. [read post]
18 Dec 2018, 9:16 am
Mercedes, 401 F. [read post]
17 Dec 2018, 7:36 am
But it wasn’t all bad news. [read post]
17 Dec 2018, 5:00 am
This argument fails as a matter of law and policy. [read post]
14 Dec 2018, 5:00 am
” The body of the message read: “Get to [Assange] [a]t Ecuadorian Embassy in London and get the pending [Wikileaks] emails … they deal with [the Clinton Foundation], allegedly. [read post]
13 Dec 2018, 8:09 am
City Attorney Mike Feuer (just a fun tidbit; the City wasn't at all involved here, of course). [read post]
12 Dec 2018, 11:42 am
Mozee 136 F. 761 (5th Cir. 1905) (At common law, libel and slander constitute personal injuries or injuries to a person.) [read post]
12 Dec 2018, 11:03 am
Yet these reforms have also limited the rights of victims of INTERPOL abuse, and it is what the victims have lost as a result of the reforms that hasn’t received wide attention. [read post]
12 Dec 2018, 11:03 am
Yet these reforms have also limited the rights of victims of INTERPOL abuse, and it is what the victims have lost as a result of the reforms that hasn’t received wide attention. [read post]
12 Dec 2018, 9:09 am
Lyonnais, 106 F. [read post]
11 Dec 2018, 8:00 am
Gov’t, Dep’t of the Treasury, 768 F.2d 768, 721 (CA5 1985), for this common-interest language. [read post]
11 Dec 2018, 8:00 am
Gov’t, Dep’t of the Treasury, 768 F.2d 768, 721 (CA5 1985), for this common-interest language. [read post]
10 Dec 2018, 8:48 pm
Barnes, 998 F.2d 296, 298 (9th Cir. 1993) (referring to Congress’ authority with respect to employee benefit plans under ERISA)).Importantly, Article III's mandate that disputes over private rights be adjudicated by the judicial branch arises from a concern over separation of powers, not procedural due process. [read post]
10 Dec 2018, 8:10 pm
F. [read post]
10 Dec 2018, 5:22 am
Judge Bybee is a conservative jurist, generally inclined to defer to the executive on matters of foreign policy and national security. [read post]
6 Dec 2018, 5:50 am
., --- F.3d ----, 2018 WL 6314282 , No. 17-13884 (11th Cir. [read post]
4 Dec 2018, 10:29 pm
Company sought to divert DTPA case against it to arbitration when court wouldn't dismiss it in its entirety. [read post]
4 Dec 2018, 9:00 pm
Given that abortion is at the very least a physically uncomfortable procedure for women, contraception is the better option no matter what one thinks of the morality of terminating a pregnancy.ContraceptionThere is, at least potentially, room for some consensus in the story of fewer abortions, if contraception accounts for the drop. [read post]