Search for: "Smith v. State of N. C" Results 21 - 40 of 758
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22 Feb 2024, 2:04 pm by Josh Blackman
& Pol'y Rev. 53, 66 & n.49, 98 & n.207 (1999); see also Timothy Farrar, Manual of the Constitution of the United States of America 436 (Boston, Little, Brown, & Co. 3d ed. rev. 1872) ("The general power of impeachment and trial may extend to others besides civil officers, as military or naval officers, or even persons not in office, and to other offences than those expressly requiring a judgment of removal from office . . . . [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
If A conspires with B who conspires with C, all are linked in one conspiracy—even if A does not even know that C exists (and vice versa) and even if their specific plans diverge in many details.[23] (This is why the Amar brief repeatedly speaks of, for example, "Floyd and other top officials" and "Floyd and his allies. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
30 Jan 2024, 9:02 pm by renholding
In October 2018, the New Civil Liberties Alliance (NCLA) asked us to revise Rule 202.5(c) to read as follows: The Commission has adopted the policy that in any civil lawsuit brought by it or in any administrative proceeding of an accusatory nature pending before it, a defendant or respondent may consent to a judgment or order in which he admits, denies, or states that he neither admits nor denies the allegations in the complaint or order for proceedings.[7] I agree with the… [read post]
29 Dec 2023, 2:52 pm by Eugene Volokh
July 19, 2007) (concluding that the "defendants' description of [the plaintiff] as a racist" was, as a matter of law, "an opinion and thus is not actionable"); Smith v. [read post]