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2 Apr 2010, 10:07 am
Justice Scalia noted that “the States don’t have the same compulsion that the Federal Government has, which arises from the separation of powers…. [read post]
6 Jul 2021, 12:03 pm
[u]nless some federal interest requires a different result. [read post]
6 Jul 2021, 12:03 pm
[u]nless some federal interest requires a different result. [read post]
6 Jul 2021, 12:03 pm
[u]nless some federal interest requires a different result. [read post]
3 Feb 2021, 1:59 pm
In Inclusive Communities, which was decided in 2015, the U. [read post]
30 Jun 2022, 6:05 am
Precythe, 587 U. [read post]
13 Oct 2021, 5:01 am
A decision was from a federal district court in the Second Circuit.) [read post]
27 Nov 2012, 2:03 am
OctoPOTUS, illustration by Jonathan Burton for U. of Chicago Magazine review of Posner and Vermeule’s book Eric A. [read post]
19 Aug 2013, 6:52 am
Among the government’s theories: “jihad duty. [read post]
19 Mar 2018, 9:42 am
When, however, the federal government adopted 50 percent bonus depreciation, meaning that 50 percent of an asset’s cost could be written down in the first year, Pennsylvania did not update its 3/7ths formulation. [read post]
30 May 2018, 9:19 am
United States, 17-6856 Issue: Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. [read post]
20 Jul 2012, 8:15 pm
Thus, the definition of EHB and how it is a key determinant of the ultimate cost of the Affordable Care Act mandates for individuals, employers, insurers, states, the federal government and ultimately taxpayers. [read post]
5 Feb 2024, 6:19 am
All that week, but especially that day, traffic in the Federal Rules of Civil Procedure was busier than usual, and parts of Title 28 of U S Code like Sections 1332 (diversity jurisdiction), 1367 (supplemental jurisdiction), 1391 (venue), & 1446 (removal) were far busier than usual. [read post]
31 Mar 2008, 1:58 pm
For a discussion of the linkage between then and now, see my A Common Lawyer Looks at Constitutional Interpretation, 72 Bost U. [read post]
18 Jan 2017, 3:34 pm
In a case like this, it’s in your best interest to hire the services of a competent St. [read post]
3 Apr 2023, 10:17 am
It is the survivors of the deceased who file wrongful death lawsuits, not the state or the federal government, who both have the authority to file criminal charges. [read post]
6 Jul 2022, 7:02 am
Thus, in the majority’s view “substantial burden” was not to be read literally, but as a term of art: [U]nder RFRA, the government imposes a substantial burden on religion in two—and only two—circumstances: when the government “force[s individuals] to choose between following the tenets of their religion and receiving a governmental benefit” and when the government “coerce[s individuals]… [read post]
12 Jul 2018, 1:01 am
Constitution did not empower the federal government to enforce the rights of the deportees. [read post]
3 May 2010, 11:04 am
Taylor, 529 U. [read post]
8 Jan 2016, 5:26 am
Specifically, the judge explains that[u]nder Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it fails to state a claim upon which relief can be granted. [read post]
