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16 Aug 2021, 11:36 pm by Josh Blackman
It upheld the state's power to impose a nominal fine on an unvaccinated person. [read post]
26 May 2010, 3:33 pm by Thornhill Law Firm, APLC
It mirrors the “reprehensibility” factor described by the United States Supreme Court in BMW of North American, Inc. v. [read post]
31 Mar 2019, 9:24 am by Neil Siegel
Taxes raise revenue just because they do not prevent the assessed conduct.It is less clear how an exercise of the conditional spending power can coerce states when states are not entitled to any federal funds, as Justice Ginsburg emphasized in her dissent on that question. [read post]
28 Jun 2010, 12:42 pm by David S. Cohen
  Those Justices relied on the Slaughter-House Cases, as well as the 1876 case of United States v. [read post]
22 Jul 2019, 11:41 am by Eric Goldman
Judge Koh rejects the Marsh company-town analogy: “Plaintiffs do not allege that Facebook assumes all of the attributes of a state-created municipality or that Facebook was performing the full spectrum of municipal powers and stood in the shoes of the state. [read post]
1 Mar 2017, 1:55 pm
 It says that this discovery makes sense, and it's part of the court's inherent discovery powers. [read post]
11 Nov 2019, 6:30 am by Richard Primus
  Instead, the book presents Marshall in McCulloch as having practiced “defensive nationalism,” aimed more at resisting radical states’-rights views than at establishing a strong view of national power. [read post]
22 Mar 2013, 3:02 pm by Bruce Boyden
This sort of claim was a feature of the Viacom case, and the language from Corbis that was quoted in the original panel opinion appears to state that such notices constituted “the most powerful evidence” of the requisite knowledge that would lose an ISP its immunity. [read post]