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18 Mar 2022, 12:21 pm by Andrew Hamm
Oklahoma declined to review a decision from the Oklahoma Court of Criminal Appeals that McGirt does not apply retroactively to convictions that were final when McGirt was announced. [read post]
18 Mar 2022, 11:00 am by Amy Howe
” A presumption that the legislators do not need to intervene because state officials are already defending the law does not give enough weight to the state’s important interest in defending the constitutionality of its laws, they say, as well as its designation of legislative leaders to defend state laws when they are challenged in federal court. [read post]
18 Mar 2022, 10:13 am by Eric Goldman
Counting up the votes, the lead opinion only had 2 votes supporting its cost discussion. 2 judges recused, 2 judges dissented, and 3 concurred with reservations on these points.. [read post]
18 Mar 2022, 10:05 am by Charlotte Garden
In any event, Sundance argues that Section 2 of the FAA is the wrong place to start. [read post]
18 Mar 2022, 6:00 am by Christopher G. Hill
Besides stripping governmental members of most of their voting authority, why does this matter? [read post]
” The majority found that “the Secretary of State does not enforce the law that ended straight-ticket voting” and determined that the Secretary was the improper defendant for the claim. [read post]
17 Mar 2022, 11:17 am by Cynthia Marcotte Stamer
  DOD and other governmental contractors and subcontractors are encouraged to review their compliance plans, practices and documentation to confirm their readiness to defend a potential audit or enforcement action. [read post]
17 Mar 2022, 6:00 am by Christopher Tyner
  The court explained that G.S. 15A-974(a)(2) “does not provide a mechanism by which [the defendant] could allege evidence was obtained as a result of a substantial violation of Chapter 15. [read post]
17 Mar 2022, 4:18 am by Matthew Ackerman
Tenth Circuit: “When a defendant raises the qualified-immunity defense, the plaintiff must … establish (1) the defendant violated a federal statutory or constitutional right and (2) the right was clearly established at the time of the defendant’s conduct. [read post]
16 Mar 2022, 8:07 pm by Jamie Markham
  (1) A defendant who pled guilty is eligible to seek postconviction DNA testing under G.S. 15A-269. (2) The defendant did not establish the materiality of the evidence he sought through postconviction DNA testing. [read post]
16 Mar 2022, 5:51 pm by INFORRM
However, an important question which falls to be answered is whether those regimes may ironically also pose a threat to the very values they are seeking to defend, particularly insofar as they operate so as to curb media and online freedoms; free expression of course being one of the cornerstones of any liberal democracy. [read post]
16 Mar 2022, 5:33 pm by JURIST Staff
Law students and young lawyers in Ukraine are filing reports for JURIST on the latest developments in that country as it defends itself against Russian invasion. [read post]
16 Mar 2022, 2:35 pm by John Elwood
They argue that Cameron involved specifically sovereign interests to defend laws and does not affect Hedican’s claim. [read post]
16 Mar 2022, 8:40 am by Eugene Volokh
Alcohol consumption by a passenger does not pose a risk to public health, safety, or welfare. [read post]
16 Mar 2022, 4:00 am by Alan Macek
In other words, does the “act” before the claim date have to be the same as the “act” after? [read post]