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15 Dec 2009, 12:02 pm
The Court in Ex parte Endo (the companion case to Korematsu) held that transfer outside the district cannot defeat jurisdiction so long as the district continues to have jurisdiction so long as _someone_ "in whose custody [the petitioner is] remains within the district. [read post]
15 Dec 2009, 7:34 am by Andrew Frisch
Plaintiffs argue that Eleventh Amendment immunity is inapplicable here based on the third exception, the doctrine of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908). [read post]
14 Dec 2009, 1:11 pm by Gritsforbreakfast
" But another darker, less constructive part of me can't resist the urge to say, purely for the entertainment value, "Go for it, Governor! [read post]
14 Dec 2009, 1:09 pm by Hull & Hull LLP
  So even though they had those releases, it was clear as between them that this insurance issue was not put to bed. [read post]
14 Dec 2009, 5:57 am
United States, 364 U.S. 253; Ex parte Jackson, 96 U.S. 727, 733. [read post]
13 Dec 2009, 10:29 pm by Richard Hornsby
The flip side of this coin is that “[i]f defense counsel wants to protect against the state’s ex parte [compelled] examination of a witness, he can do so by furnishing the witness’s name on his list of defense witnesses. [read post]
13 Dec 2009, 3:22 pm by Adam Wagner
” The supervisory jurisdiction (to the extent that it can be ousted at all) could only be ousted “by the most clear and explicit words”: see per Denning LJ in R v Medical Appeal Tribunal ex p. [read post]
12 Dec 2009, 4:32 am
HHJ McKenna (sitting as a deputy High Court Judge) granted an ex parte interim injunction requiring the defendant to continue providing a resident warden until the matter could come back before him a few days later. [read post]
9 Dec 2009, 1:46 pm
They might well view American legal tradition as part of the current constitutional framework, so that something that was often done by past Congresses (and deferred to by past Courts) becomes constitutional even if its constitutional validity as a matter of text and original meaning is questionable. [read post]
3 Dec 2009, 4:12 am by Andrew J. Batog
”[10] It is clear, though, that by the onset of modern era the crime had become recognized as so abhorrent as to render the status of hostis humani generis upon the criminal. [read post]
2 Dec 2009, 8:48 am
 The trustees, for their part, simply treated the matter as closed. [read post]
2 Dec 2009, 6:43 am
Burgett filed a request for reconsideration, which was considered after an ex parte appeal was filed to the Trademark Trial and Appeal Board and the Board remanded the case back to the PTO for consideration of the request for reconsideration. [read post]
2 Dec 2009, 1:59 am
Chief Metropolitan Magistrate Kaveri Baweja reserved the order for Oct 24 to clear whether CBI's application under Section 321 of Criminal Procedure Code (CrPC) should be accepted or not. ... [read post]
1 Dec 2009, 1:02 am
Here is the abstract: This essay examines the costs of judicial intervention in wartime policy through the lens of three Civil War cases - Ex parte Merryman, Ex parte Milligan, and Ex parte McCardle. [read post]