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24 May 2010, 7:42 am
Among the cases the Court refused on Monday to hear were a test of the constitutional power of states to make state tax laws retroactive and in the process to wipe out pending refund claims under an invalid law (Johnson Controls, et al., v. [read post]
24 May 2010, 6:37 am
” In the New York Times, Charlie Savage concludes that she “has been a strong supporter of… efforts to expand presidential power over domestic affairs. [read post]
23 May 2010, 8:02 am
Justice Thomas wrote the majority opinion upholding the law, joined by Justices Rehnquist, Scalia, O'Connor, and Kennedy; Justice Breyer wrote the dissent, joined by Justices Ginsberg, Souter, and Stevens. [read post]
23 May 2010, 3:11 am
Australian Federal Court judge Steven Rares gave a speech on the subject of “The Jury in Defamation Trials”. [read post]
21 May 2010, 9:48 pm
Among the narrow majority in that case was Justice John Paul Stevens, who is retiring. [read post]
21 May 2010, 12:07 pm
Justice Stevens’ opinions have long been characterized by their power to persuade, even where they have not always controlled. [read post]
21 May 2010, 12:03 pm
Speaking of blogs, the two legal project management blogs I read are Easton’s Legal Project Management and Steven Levy’s Lexician. [read post]
21 May 2010, 9:34 am
Thus, the veto power would not “transform” the father into a custodian. [read post]
21 May 2010, 7:45 am
"A parent without 'rights of custody,' therefore, does not have the power granted by (the treaty) to compel the child's return to his or her country of habitual residence," Stevens said.Kennedy said that an exception to the Hague Convention deals with the safety of the parent. [read post]
21 May 2010, 7:19 am
Unfortunately, only Stevens shared this view and he looks to be replaced by Elena Kagan, who argued that civil commitment in Comstock was an extension of Congress’ power to create and run a prison system (not an enumerated power). [read post]
21 May 2010, 6:15 am
It's not the mediator's job to cram down a decision, and he or she does not have the power to make one stick, anyway. [read post]
20 May 2010, 12:44 pm
They may not invoke the power of the government to shut him up. [read post]
20 May 2010, 10:30 am
Comstock, a case involving adult sex offenders that was argued by Elena Kagan, now the nominee to replace Justice Stevens? [read post]
20 May 2010, 9:29 am
Steven M. [read post]
20 May 2010, 8:09 am
” Also from the Senate documents, Bloomberg notes that Kagan’s talks with the White House about a possible vacancy on the Court and nomination preceded Justice Stevens’ retirement announcement on April 9 by about a month. [read post]
19 May 2010, 10:04 pm
Comstock Let's begin with an arresting fact: None of the liberals appears to vote politically in any of these cases: Justices Stevens, Souter, Ginsburg, Breyer, and now Sotomayor (albeit in only one case) vote to sustain federal power in each case, including cases such as Raich, in which they presumably would, on policy grounds, oppose the extension of the federal marijuana prohibition to medical marijuana that is legal under state law. [read post]
19 May 2010, 5:03 pm
Chief Justice Marshall asserted the power of judicial review, which arguably makes him among the most influential justices over the long haul. [read post]
19 May 2010, 12:35 am
Most conspicuously absent from this approach is a sense of the social matrices that work to circumscribe or augment expressions of human freedom, privacy, control and power that are all implicated in our engagement with novel neurotechnologies. [read post]
18 May 2010, 5:44 pm
Of course, Stevens isn't an obscenity case. [read post]
18 May 2010, 5:28 pm
The Court is quite willing to accept that a 17-year-old who pulls the trigger on a firearm can demonstrate sufficient depravity and irredeemability to be denied reentry into society, but insists that a 17-year-old who rapes an 8- year-old and leaves her for dead does not.Finally- Thomas ends with a sharp retort to Justice Stevens-I agree with JUSTICE STEVENS that “[w]e learn, some- times, from our mistakes. [read post]
