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31 May 2011, 6:53 am by Richard M. Esenberg
  This reluctance stems from separation of power and comity concepts, plus the need for finality and certainty regarding the status of a statute, Baker v. [read post]
23 Jan 2016, 10:50 am by JB
The Constitution is silent on how to fulfil this duty, leaving the question to all three branches of government consistent with their institutional roles.An aside: In Luther v. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
4 May 2012, 5:34 am by John Day
Blake, 29 S.W.3d 26 (Tenn. 2000) and Carroll v. [read post]
11 Oct 2011, 1:57 pm by Gritsforbreakfast
Fourth Amendment fans and foes alike are awaiting oral arguments this fall in United States v. [read post]
8 Jun 2010, 10:42 am by Nazanin Boniadi
v=wXN_yCSbUYk #neda r/t 3. [read post]
23 May 2023, 8:11 am by Kyle Persaud
In general, the law allows all people access to the courts and does not prohibit people from filing lawsuits. [read post]
16 Jun 2022, 12:18 pm by Rebecca Tushnet
They employ people trained and experienced in delivering powerful presentations that seek to manipulate your emotions. [read post]
29 Mar 2022, 4:00 am by Council of Canadian Law Deans
The story of how Indigenous peoples were included within the state could be avoided with bland statements—such as, “there was from the outset never any doubt that sovereignty and legislative power, and indeed the underlying title, to [Aboriginal] lands vested in the Crown” (R v Sparrow, [1990] 1 SCR 1075, Dickson C.J. and La Forest J. at 1103). [read post]
16 Sep 2021, 5:00 am by Neil H. Buchanan
” On the other side of that coin, people feel quite comfortable saying terrible things if they are not worried about being judged harshly.One particularly awful example of this phenomenon is the Supreme Court’s infamous 1986 Bowers v. [read post]