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10 Jan 2009, 7:34 am
These loser-pays rules are not present in the United States, where cost-shifting is frequently used. [read post]
8 Jan 2009, 2:57 am
Van Ru Credit Corp., 109 F.3d 338, 346 (7th Cir.1997)(stating that “[t]he application of Rule 23 does not abridge, enlarge or modify any substantive right”); In re Baldwin-United Corp., 770 F.2d 328, 335 (2d Cir.1985)(stating that the federal class-action procedure set forth in Rule 23 “is a rule of procedure and creates no substantive rights or remedies enforceable in federal court”); Southwestern Refining Co. v. [read post]
6 Jan 2009, 1:41 pm
A federal court can sometimes issue a writ of habeas corpus due to the violation of a federal statute in addition to the violation of the United States Constitution. 28 U.S.C. [read post]
31 Dec 2008, 6:33 am
In the Constitution of the United States, they (corporations) are delegated no authority to make our laws and define our culture. [read post]
31 Dec 2008, 5:30 am
State, supra (quoting U.S. v. [read post]
18 Dec 2008, 12:52 am
  The Circuit Court had summed up that view this way: “Precedent in this court and the Supreme Court holds that the Constitution does not confer rights on aliens without property or presence within the United States. [read post]
17 Dec 2008, 10:43 pm by Richard D. Friedman
The certificate cannot be admitted consistently with the Confrontation Clause unless a witness with personal knowledge – presumably but not necessarily the author of the certificate – testifies to both propositions.A recent opinion usefully summarizing the decisions on this matter, and coming to the proper result, is United States v. [read post]
11 Dec 2008, 10:04 pm
The court disagreed and held that the State had proven that Ramos had altered, made, completed, executed or authenticated the social security card, which purported to be the act of the United States government who did not authorize the act. [read post]
9 Dec 2008, 9:37 am
” Defendants’ use of “Imagine” is similar to the use at issue in a recent decision of the United States Court of Appeals for the Second Circuit in which fair use was found, Blanch v. [read post]
9 Dec 2008, 7:39 am
And in the United States, of course, you're allowed to publish true information, even if it hurts someone. [read post]
6 Dec 2008, 1:15 pm
  The Public and the Courts ,   Greg Caldeira   Part VIII: The Political and Policy Environment of Courts in the United States   35. [read post]
4 Dec 2008, 12:06 pm by Richard D. Friedman
The case discussed here, and another one that I hope to discuss soon in another posting, deal with different questions related to that aspect – one on the physical nature of confrontation and the other on impeachment for bias.My former student Craig Chosiad has called to my attention the rather bizarre case of United States v. [read post]