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14 Oct 2020, 1:21 pm
Barrett held that the district court should have applied the categorical approach, no matter what the actual facts might have been. [read post]
14 Oct 2020, 11:13 am
Does it matter, for this purpose, if they're funded or unfunded? [read post]
14 Oct 2020, 6:30 am
Why we can’t have the ideal But we can’t have it. [read post]
13 Oct 2020, 3:14 pm
I can’t return the papers and say ‘It just won’t do! [read post]
13 Oct 2020, 8:08 am
Under this interpretation, a company can solicit thousands of potentially defamatory statements, "selec[t] and edi[t] … for publication" several of those statements, add commentary, and then feature the final product prominently over other submissions—all while enjoying immunity. [read post]
13 Oct 2020, 6:30 am
Why Does This Matter? [read post]
12 Oct 2020, 9:01 pm
The SG’s theory would permit any person who claims to suffer a concrete and imminent injury (no matter how trivial) from any one of its myriad provisions or sub-provisions to challenge it as inseverable based on an underlying claim that the mandate or another provision or sub-provision is unconstitutional. [read post]
12 Oct 2020, 8:05 pm
Indeed, Garvey and Barrett wrote (id.) that “[i]t is difficult to think of examples. [read post]
12 Oct 2020, 6:30 am
A second problem is making sure that a state doesn’t in fact renege on its bargain. [read post]
12 Oct 2020, 4:57 am
Because civil contempt is a civil matter, it can not be called an “arrest. [read post]
11 Oct 2020, 8:28 pm
Strom’s private life, and the s. 2(b) Charter guarantee of freedom of expression in the age of social media. [read post]
11 Oct 2020, 6:39 am
In trials, the state can’t use prior convictions against a defendant, unless the prior conviction was either (a) a case involving a crime of untruthfulness or (b) a felony less than 15 years old. [read post]
11 Oct 2020, 6:30 am
Not surprisingly, their total populations were almost identical, but it just didn’t matter. [read post]
11 Oct 2020, 5:53 am
In re ACTD, LLC d/b/a The Green Mountain Surgery Center, 2020 VT 89. [read post]
11 Oct 2020, 4:58 am
This system is designed to make all networked information that crosses the Chinese border a) transparent to the Chinese government and b) closed to unauthorized access by foreign and domestic hackers and governments not affiliated with the CCP. [read post]
10 Oct 2020, 12:35 pm
A petition for an order of protection is a quasi-criminal because the enforcement of the order of protection is a criminal matter. [read post]
10 Oct 2020, 9:42 am
Better yet, is to craft an argument for why your reading of the document isn’t just more reasonable, it’s also the only permissible option as a matter of law. [read post]
9 Oct 2020, 1:50 pm
” See §688.02 (4)(a)-(b). [read post]
9 Oct 2020, 8:25 am
Landis & Loria B. [read post]
9 Oct 2020, 5:58 am
Yesterday I published the justices' copyrightability statements/questions and commented on them.Timothy B. [read post]
