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23 Feb 2019, 2:35 pm
The most famous recent example is NFIB v. [read post]
10 Apr 2023, 6:30 am
Still, the two constructs were the tools they had to get themselves there, and they had to be used in certain ways or else appear to pass–in Mark’s words–”from lawyerly deliberation to sheer willfulness” (to quote Mark’s rendering of Harlan Fiske Stone’s verdict on Colgate v. [read post]
22 Nov 2021, 5:00 am
Before Justice Scalia ever opened a law book, of course, the great Karl Llewellyn argued that for every canon there was an anti-canon, or at least enough exceptions to the canons to render them mostly unhelpful to ascertaining the meaning of state and federal laws.The main dispute today is between those who identify as "textualists" or "strict textualists" and those who identify as "purposivists. [read post]
14 Dec 2013, 8:39 pm
Williams State v. [read post]
11 May 2015, 5:58 am
I really wish people wouldn’t treat copyright uncertainty as so much more uncertain than other legal regimes. [read post]
9 Nov 2012, 5:31 am
(As an aside at this point, notice how the word "Community" is used in section (g): as most people would understand it. [read post]
30 Dec 2016, 4:23 pm
A state that enjoyed all those powers would be truly totalitarian, even if the authorities had the best interests of its people at heart. [read post]
4 Nov 2023, 7:07 am
Pix Credit: Female Disciples of Sui Yuan, Handscroll You Zhao and Wang Gong; Qing Period 18th C; Shanghai Museum of ArtOn 31 October, a number of UN Special Procedures signed onto and made available a "Policy position by United Nations Special Procedures mandate holders in relation to the protection of human rights in sport without discrimination based on sexual orientation, gender identity, and sex characteristics. [read post]
30 Dec 2016, 4:23 pm
A state that enjoyed all those powers would be truly totalitarian, even if the authorities had the best interests of its people at heart. [read post]
19 Sep 2016, 4:00 am
It is the face of Dred Scott v. [read post]
12 Jul 2015, 8:15 pm
A private detective has only the right of a private person with respect to arrest, Dohery v. [read post]
20 Aug 2018, 11:14 am
Protect Niles v. [read post]
24 Jul 2024, 7:28 am
In United States v. [read post]
6 May 2010, 4:12 pm
Pa. 2008); Colon v. [read post]
17 Sep 2024, 7:17 am
Trulock v. [read post]
22 Aug 2024, 10:02 am
These people are horrible. [read post]
2 Feb 2017, 10:52 am
Harlan was 26 years old at the time and young Harlan the slaveholder was quite a different man than Harlan the author of the Plessy v. [read post]
22 Feb 2024, 12:08 pm
Military action under these circumstances at this time in Rafah will render such assistance and services simultaneously more urgently needed and less available. [read post]
10 Mar 2011, 9:49 am
V, dated 14th July, 1923, page 260)30. [read post]
6 May 2009, 6:59 pm
But there is no basis either in experience or theory to predict a slippery slope that renders the whole exemption regime unworkable. [read post]