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24 Dec 2019, 9:05 pm by Peter S. Margulies
A similar dynamic has occurred following the Supreme Court’s decision in Trump v. [read post]
24 Dec 2019, 8:06 am by Joe Mullin
Berkheimer and this year’s Garmin v. [read post]
23 Dec 2019, 1:19 pm by David Kris
With a few more days to read the inspector general’s Crossfire Hurricane report and watch the C-SPAN video of his congressional testimony (and listen to the no-bull version on Lawfare), I have five additional observations beyond those set out in a series of tweets on the day the report was released, discussions on the Lawfare podcast the following day, and conversations with NPR, the New York Times, and the Wall Street Journal. [read post]
23 Dec 2019, 10:05 am by Patrick@nimblelight.com
If the magistrate judge determines that a person is not eligible to be released on his or her own recognizance, he or she can release the person subject to certain conditions Under 18 U.S.C. 3142, these conditions include: (A) that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is… [read post]
22 Dec 2019, 4:12 pm by INFORRM
UK, that its supervisory function is ‘not limited’ to ascertaining whether national authorities exercised their discretion ‘reasonably, carefully and in good faith’. [read post]
20 Dec 2019, 3:11 pm by Alex Moss
That means giving CBP the power to seize goods based on design patent infringement inherently benefits patent owners over people who may need access to those goods as part of their daily lives and businesses. [read post]
20 Dec 2019, 9:09 am by ACLU
States like Maine will be a haven for abortion access if Roe v. [read post]
20 Dec 2019, 8:49 am by Amy Howe
  February continued to be a fairly good month for death-row inmates at the Supreme Court. [read post]
19 Dec 2019, 1:34 pm
  If that's indeed the law, I'd bet good money that there are debt collectors out there adopting that strategy. [read post]
19 Dec 2019, 10:28 am by Jeff Kosseff
Until a few years ago, few people outside of tech policy circles knew much about those 26 words, which are better known as the key part of Section 230 of the Communications Decency Act. [read post]
18 Dec 2019, 5:55 pm by Ilya Somin
  But it is no small thing for unelected, life-tenured judges to declare duly enacted legislation passed by the elected representatives of the American people unconstitutional. [read post]
17 Dec 2019, 12:15 pm by Ronald Collins
Bickel’s account – essentially, to emphasize the principles underlying the 14th Amendment and its capacity for growth, rather than how people at the time understood it – is of a piece with one of the ways originalists try to save their approach from generating unacceptable conclusions. [read post]