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1 May 2019, 7:51 am
Supreme Court on the basis that US courts lacked jurisdiction in that case (case opinion here: Kiobel v. [read post]
13 Apr 2019, 5:54 am by Paras Shah
As the Supreme Court’s opinion last term in Trump v. [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
The one possible difference between the criminal libel trial and the criminal contempt trial in a catchall injunction case is that a jury must be provided in most criminal cases—including criminal libel cases—if the maximum statutory authorized sentence is over 6 months (or some lower threshold set by state law), but a jury must be provided in criminal contempt cases only if the actual sentence is over 6 months. [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
The one possible difference between the criminal libel trial and the criminal contempt trial in a catchall injunction case is that a jury must be provided in most criminal cases—including criminal libel cases—if the maximum statutory authorized sentence is over 6 months (or some lower threshold set by state law), but a jury must be provided in criminal contempt cases only if the actual sentence is over 6 months. [read post]
2 Apr 2019, 5:25 am by Patrick McDonnell
Following a stay and abeyance pending the Supreme Court’s decision in Hamdan v. [read post]
18 Mar 2019, 3:52 am by Edith Roberts
” For The Washington Post, Robert Barnes reports that “[w]hen the U.S. [read post]
23 Feb 2019, 12:35 pm by admin
This paper presents a survey of federal and state court decisions on these two questions, hoping to offer some guidance to practitioners. [read post]
14 Feb 2019, 10:02 am by Dawn N. Williams
Ct. 1740 (April 2011), the Supreme Court rejected state laws that attempted to prohibit arbitration for certain types of claims, holding “[w]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the [Federal Arbitration Act (“FAA”) 9 U.S.C. [read post]
11 Feb 2019, 11:07 am by Justin Levitt
Nearly six months later, he returned to ask the very same question to the state’s counsel in Benisek v. [read post]
11 Feb 2019, 4:01 am by Edith Roberts
At The Daily Signal, Elizabeth Slattery observes that after last Thursday’s order in in June Medical Services v. [read post]
5 Feb 2019, 5:06 am by Eugene Volokh
But state law treated it as a misdemeanor, and the defendant was sentenced only to a year's probation.From yesterday's decision in Miller v. [read post]