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16 Sep 2024, 7:50 am by Eugene Volokh
Smith, 429 F.3d 706, 710 (7th Cir. 2005); see also Volokh, supra, at 1448-51 (citing dozens of cases where courts raise this concern). [2.] [read post]
15 Sep 2024, 4:50 pm by Kurt R. Karst
The PREVAIL Act In short, the PREVAIL Act is intended to, among other things, reform the Inter Partes Review (“IPR”) process created by the 2011 Leahy-Smith America Invents Act. [read post]
13 Sep 2024, 3:00 am by Jim Sedor
National/Federal Candidates Can Use Campaign Funds for Childcare in Most States, but Few Do Associated Press News – Isabella Volmert | Published: 9/12/2024 Two thirds of states now allow candidates of any gender running for public office to use campaign funds to pay for childcare expenses after the FEC approved the practice for federal candidates in 2018. [read post]
  Pam Karlan: They had two cases this year that were blockbusters in some ways, that came off of the shadow docket, where they granted certiorari without there actually being a cert petition: Obviously the Ohio v. [read post]
28 Aug 2024, 7:40 am by Alex Phipps
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
26 Aug 2024, 5:50 am by Ellena Erskine
Here’s the Monday morning read: The Supreme Court’s recent decisions could undo big Biden accomplishments (Marcia Brown, Politico) Apache Group is Carrying a Petition to the Supreme Court to Stop a Mine on Land Sacred to the Tribe (Noel Lyn Smith, Inside Climate News) Republican group cites notorious Dred Scott ruling as reason Kamala Harris can’t be president (Gustaf Kilander, The Independent)  The Supreme Court is a wild card on voting in the 2024 election… [read post]
21 Aug 2024, 10:31 am by Phil Dixon
A delinquency petition was later filed accusing the juvenile of felony possession with intent to sell or deliver marijuana and misdemeanor carrying a concealed weapon. [read post]
20 Aug 2024, 6:05 am by Brian Finucane
With his decision to end his bid for a second term, President Biden may now be considering how to cement his presidential legacy. [read post]
16 Aug 2024, 1:30 am by Orin S. Kerr
  Just today, DOJ filed an unopposed motion asking for 60 days to file a petition for rehearing. [read post]
8 Aug 2024, 8:04 am by Alex Phipps
The Court of Appeals granted defendant’s petitions for writ of certiorari to consider both issues. [read post]
5 Aug 2024, 6:30 am by John Mikhail
For the Balkinization Symposium on Alison L. [read post]
5 Aug 2024, 4:24 am by Andrew Lavoott Bluestone
” (Front, Inc. v Khalil, 24 NY3d 713, 718 [2015], citing Youmans v Smith, 153 NY 214,220 [1897].) [read post]
30 Jul 2024, 8:26 am by Josh Blackman
Second, we learn there was broad consensus to reject Jack Smith's petition for certiorari before judgment: The immunity case first arrived at the justices' door in December. [read post]
24 Jul 2024, 10:46 am by Jonathan H. Adler
Judge Oldham wrote for the court, joined by Judges Jones, Smith, Elrod, Willett, Ho Duncan, Englehardt and Wilson. [read post]
22 Jul 2024, 9:43 am by Michael W. McConnell, Pamela S. Karlan
But when they got to the Supreme Court, the cert petition came in and it said, basically, “is the president absolutely immune for acts he committed as president? [read post]
19 Jul 2024, 9:03 am by Jonathan H. Adler
Judge Edith Jones wrote for the majority, joined by Chief Judge Richman and Judges Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson. [read post]
19 Jul 2024, 3:00 am by Jim Sedor
Cannon concluded that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution. [read post]
17 Jul 2024, 9:46 am by Josh Blackman
However, Special Counsel Jack Smith's prosecution of Donald Trump presents just that opportunity for Morrison to be overruled. [read post]
16 Jul 2024, 6:00 am by Public Employment Law Press
"As this language must be strictly construed in view "of the constitutional provision against the expenditure of public funds absent express statutory authority",  "overtime payments are not duly authorized or considered as salary within the meaning of General Municipal Law §90 unless paid pursuant to 'an overtime plan setting forth in detail the terms, conditions and remuneration for such employment'".In this instance the Appellate Division annulled so… [read post]