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11 Apr 2020, 5:03 am
In fact, because these "retweets" led to nothing more than a charged online discussion about whether a racially motivated assault did in fact occur, which falls far short of meeting the standard set forth in Alvarez [Breyer, J., concurring], we reach the inescapable conclusion that Penal Law § 240.50(1), as applied to defendant's conduct, is unconstitutional. [read post]
9 Apr 2020, 12:16 pm
Husted (2016): application for stay October 25, 2016; denied October 31, 2016Arizona Secretary of State’s Office v. [read post]
27 Mar 2020, 3:00 am
In addition to the private plane trips, the report from the group Fix the Court details a $500-a-plate VIP dinner that Justice Stephen Breyer attended before a 2016 lecture at the University of Texas, as well as undisclosed gifts like Wisconsin football gear given to Justice Elena Kagan, and silver julep cups to Justice Neil Gorsuch. [read post]
24 Mar 2020, 3:35 am
Imagine a defendant is charged with failure to obey a police officer’s order. [read post]
23 Mar 2020, 9:54 pm
According to Justice Breyer, there is a clear enough insanity defense rule according to the common law authorities. [read post]
16 Mar 2020, 1:54 pm
In the following guest post, Dan Gold, Thad Behrens, Kit Adelman, and Emily Westridge Black of the Haynes and Boone, LLP law firm review the key developments during 2019 in securities litigation and enforcement, including significant securities related decisions by the Supreme Court and federal appellate courts, key developments in SEC enforcement, and significant rulings in state law fiduciary litigation against directors and officers of public companies. [read post]
10 Mar 2020, 8:29 am
" It will be published in the Harvard Law & Policy Review, the official law review of the American Constitution Society. [read post]
4 Mar 2020, 2:32 pm
Top court officers also fill most of the seats reserved for them. [read post]
4 Mar 2020, 9:54 am
Justices Ginsburg, Kagan, Sotomayor, and Breyer appeared to be skeptical of the argument made by Seila Law and the DOJ that limiting for-cause removal to multimember agencies was necessary to provide the President with sufficient control over executive officers. [read post]
4 Mar 2020, 9:03 am
The Supremacy Clause gives priority to [federal laws], not the criminal law enforcement priorities or preferences of federal officers. [read post]
4 Mar 2020, 7:56 am
[Neither Amicus gave the CFPB the defense it needed] Yesterday, the Supreme Court heard argument in Seila Law v. [read post]
4 Mar 2020, 6:33 am
Breyer asked, “Would you say that’s consistent with the purpose of habeas, which, after all, … is to review the lawfulness of what the—of what the officer has done, not to just review whether he ordered him put in jail”? [read post]
2 Mar 2020, 11:00 pm
Stevens, Ruth Bader Ginsburg, and Stephen Breyer. [read post]
27 Feb 2020, 1:33 pm
Justice Ginsberg dissented, joined by Justices Breyer, Sotomayor, and Kagan. [read post]
23 Feb 2020, 9:05 pm
Government Accountability Office told us that more than a third of the federal workforce would reach retirement age this year, 2020. [read post]
21 Feb 2020, 3:00 am
Walter Shaub, former director of the Office of Government Ethics, said such an action would need to follow complex rules and be approved by the ethics office. [read post]
11 Feb 2020, 8:17 pm
Pepper Justice Kavanaugh wrote the majority opinion (joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan (my administrative law professor at Harvard Law: in case you were wondering, she came off as smart, charismatic and funny)). [read post]
11 Feb 2020, 10:00 am
The firm has also not been removed from any federal office, nor does it claim the right to remove the director or anyone else from federal office. [read post]
2 Feb 2020, 11:48 am
(Full disclosure: I have known him since 1971, and we have been sometime colleagues at the Harvard Law School. [read post]
30 Jan 2020, 1:06 pm
I refuse to invite such gamesmanship.[11] I cannot believe that the law expects so little of law enforcement, or so much of magistrates. . . [read post]
