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10 Apr 2023, 6:30 am by ernst
  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 by Eric Segall
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]
11 May 2015, 5:58 am by Rebecca Tushnet
  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 by Graham Smith
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 by Graham Smith
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]
12 Jul 2015, 8:15 pm by Stephen Bilkis
A private detective has only the right of a private person with respect to arrest, Dohery v. [read post]
2 Feb 2017, 10:52 am by pscamp01
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]
  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]
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]