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27 Mar 2008, 11:00 pm
It must be an account of why changes in constitutional doctrine over time- which largely occur outside of Article V amendment and are not in the control of any single person, much less any single judge- are legitimate. [read post]
11 Jul 2019, 9:10 am by Schachtman
If, on the other hand, the Nicholson had altered an accepted methodology to skew its results, then the court’s gatekeeping responsibility under Downing would be invoked. [read post]
11 Feb 2008, 11:20 pm
In a recent 5-3 decision, the United States Supreme Court ruled in the case of Stoneridge Investment Partners, LLC v. [read post]
26 May 2020, 3:06 pm by Patricia Hughes
There are the usual exemptions, as well as others not usually specified, including people just passing through the province to elsewhere, although they must stop only for necessary reasons (also see a similar provision for people transiting through the NWT to Nunavut for less than 12 hours and for non Yukon residents travelling to a neighbouring jurisdiction, allowed a maximum 24 hours), “a family unit of parents and children, to facilitate shared custody of children as per a court… [read post]
12 May 2009, 12:38 pm
That's been deleted in the most recent draft, and the Seventh Amendment is acknowledged as a constraint on what courts can do:In addition, in litigation to which the Seventh Amendment right to jury trial applies, the reconsideration of evidence across the aggregate proceeding and subsequent proceedings must respect the limitations of the Reexamination Clause, which provides that "no fact tried by a jury, shall be otherwise reexamined in any court of the United States,… [read post]
19 May 2021, 8:47 am by Jonathan Shaub
They implicate fundamental questions about the role of courts in the United States’s constitutional structure. [read post]
14 Sep 2020, 11:32 am by Anne Joseph O'Connell
In a memorandum from Mitnick to Nielsen, Mitnick wrote: “Pursuant to your authority set forth in section 113 of title 6, United States Code, you have expressed your desire to designate certain officers of the Department of Homeland Security (DHS) in order of succession to serve as Acting Secretary. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
Benjamin EidelsonThis post offers preliminary analysis of DHS v. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
For obvious reasons, however, some of which I discussed here, such a "point of sale" requirement would not solve--indeed, would exacerbate--the commercial problems Congress was legitimately endeavoring to address about the availability of affordable health care for all Americans.But if Congress could impose the requirement at the point of sale without fundamentally altering the relationship between the federal government and its citizens, what deep constitutional principle… [read post]
6 Feb 2011, 1:59 am
After the recent E. coli O157:H7 outbreak linked to Bravo raw milk gouda cheese that sickened 38 (one with HUS), the New York Times is quickly becoming the go to newspaper for cheese lovers.Bill Neuman wrote yet another article on cheese - "Raw Milk Cheesemakers Fret Over Possible New Rules" - after Food Safety News reported it and in follow-up to my five part series on raw milk and the "60 day rule" - Part 1, Part 2, Part 3, Part 4 and Part 5, and the continuing outbreaks,… [read post]
29 Jul 2016, 8:06 am by Bill Marler
A few years ago the New York Times Bill Neuman wrote article an article on raw milk cheese – “Raw Milk Cheesemakers Fret Over Possible New Rules” – after Food Safety News reported it and in follow-up to my five part series on raw milk and the “60 day rule” – Part 1, Part 2, Part 3, Part 4 and Part 5, and the continuing outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy… [read post]
19 Sep 2013, 8:34 pm by Bill Marler
Bill Neuman wrote yet another article on cheese – “Raw Milk Cheesemakers Fret Over Possible New Rules” – after Food Safety News reported it and in follow-up to my five part series on raw milk and the “60 day rule” – Part 1, Part 2, Part 3, Part 4 and Part 5, and the continuing outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products in the United States. [read post]
14 Mar 2017, 6:01 pm by Bill Marler
An Article I wrote in 2001 Bill Neuman wrote yet another article on cheese – “Raw Milk Cheesemakers Fret Over Possible New Rules” – after Food Safety News reported it and in follow-up to my five part series on raw milk and the “60 day rule” – Part 1, Part 2, Part 3, Part 4 and Part 5, and the continuing outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products in the… [read post]
28 Jul 2016, 7:17 am by Susan Hennessey, Nicholas Weaver
The FBI learned, through a foreign partner, a website dedicated to the distribution of child sexual abuse materials was determined to be located within the United States. [read post]
19 Jul 2009, 2:07 pm
The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]