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28 Oct 2008, 8:00 pm
Now, the first two are occasional buddies both on and off the court, though typically more in civil liberties matters. [read post]
11 Dec 2010, 5:04 pm
JOHNSON: Yes.THE COURT: And based on that conversation, having considered the matter, do you wish to give up your right to appeal on the terms and conditions set forth in the plea agreement? [read post]
6 Jul 2007, 12:13 pm
Once the government records that I'm going to the IP addresses for NAMBLA and High Times and Bondage.com, the fact that they won't (initially) know which particular page of those sites I choose to view hardly matters. [read post]
2 Aug 2010, 12:00 pm
Reading the plain language of the statute in a way that makes sense, consistent with its purposes, broadens the statute so that the arguments that Monday makes don't matter.So with the caveat that a "plain reading" of a statute has to make sense, I wholeheartedly concur in this one. [read post]
24 Feb 2011, 11:33 am
  The practical reality is that if we require more that what the Ninth Circuit does, it's difficult or impossible to prove guilt.Now, whether that should matter to the interpretation of a statute -- backed by constitutional dictates -- is a different question. [read post]
19 Aug 2009, 11:34 am
The majority concludes that Harrison was clearly guilty, and hence that the plethora of misconduct didn't matter. [read post]
16 Feb 2010, 11:48 am
This not only makes it precedent as a realpolitik matter, but also lends it credibility, as Judge Smith is hardly a namby-pamby leftie looking to coddle criminals. [read post]
14 Nov 2011, 11:28 am
  And while both lack technical legal significance, both have profound practical effect.Which is what matters. [read post]
26 Nov 2008, 7:04 pm
But the unique procedural complexity in this case -- while arguably providing yet another basis for a grant of certiorari -- on balance may lead the Court to let the matter percolate one more time, and in a slightly more straightforward vehicle, before taking the matter up. [read post]
7 Sep 2011, 12:12 pm
  (We all know why he's really searching, but remember that the subjective intentions of the officer don't matter. [read post]
10 Apr 2012, 11:45 am
  But let's recognize that there's a reason why the majority's citing the rule of lenity here even though ninety-eight percent of the time they'd reject an identical argument in an analogous criminal case.Because this one matters to us. [read post]