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20 Dec 2018, 9:01 pm by Michael C. Dorf
Surprisingly, we don’t have one.The fundamental problem may be a mismatch between our theory and our practice of judicial review. [read post]
17 Dec 2018, 3:14 pm by Kevin LaCroix
John Reed Stark On November 29, 2018, the SEC announced that it had settled charges with boxer Floyd Mayweather Jr. and music producer DJ Khaled for failing to disclose payments they received for promoting investments in Initial Coin Offerings (ICOs). [read post]
16 Dec 2018, 3:16 pm by Steve Kalar
That wasn’t at issue here, because the shotgun shells were the explosive component of this device. [read post]
11 Dec 2018, 10:03 am by Rick Garnett
” Actually, as we were reminded by the establishment clause dog-that-didn’t-bark in last year’s Trinity Lutheran v. [read post]
9 Dec 2018, 8:52 am by Steve Kalar
  Along the way, Judge Tashima relies on the great Stevens quote: ““[T]he First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. [read post]
29 Nov 2018, 11:07 am by Brad Schnure
Sincerely, Thomas Kean Leader Robert Singer Deputy Leader Steven Oroho Conference Leader Chris Brown Deputy Conference Leader Joe Pennacchio Whip Dawn Marie Addiego Deputy Whip Anthony Bucco Budget Officer Kip Bateman Senator – District 16 Gerald Cardinale Senator – District 39 Christopher Connors Senator – District 9 Kristin Corrado Senator – District 40 Michael Doherty Senator – District 23 James Holzapfel Senator – District 10 Declan… [read post]
28 Nov 2018, 4:06 am by Edith Roberts
” In an op-ed for The Washington Post, Charles Lane maintains that “[t]o the extent that judicial independence is not reality but myth, it’s a useful one,” and that “Roberts’s plea to respect the good faith of honest judges lacks populist drama,” “[b]ut it is what the country actually needs. [read post]
26 Oct 2018, 1:22 pm by Dennis Crouch
Stevens, 528 U.S. 765, for the proposition that “person” does not ordinarily include the “sovereign. [read post]
19 Oct 2018, 12:55 pm by Victoria Kwan
We don’t have an army, we don’t have any money. [read post]
16 Oct 2018, 9:01 pm by Michael C. Dorf
Federal District Judge Reed O’Connor suggested that instead of looking at what the most recent Congress actually did, he was inclined to speculate about what the Congress that enacted the original version of the ACA in 2010 would have done with the rest of the law if no mandate were included.For now, however, the key point is not whether Texas and the other plaintiff states will or should prevail. [read post]
14 Oct 2018, 9:38 am by Steve Kalar
Even if we agreed with them on that point (which we don’t, for reasons explained below), they would not be entitled to reversal of their convictions on Count One. [read post]
9 Oct 2018, 4:29 pm by Joe Patrice
Check out the advice she shares from a very prescient Justice Stevens. [read post]
30 Sep 2018, 10:20 am by Steve Kalar
                                                For Further Reading: Lynch perpetuates “the world’s silliest legal dichotomy: Juries can nullify, but lawyers and courts can’t, or won’t, tell them that they can. [read post]
28 Sep 2018, 9:42 am by Altman & Altman
But Montgomery County Judge Steven O’Neill didn’t see it that way. [read post]