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10 Mar 2015, 11:55 pm
Clark came when Justice Breyer acknowledged “misgivings” about confrontation doctrine and identified what he felt was the source:I don’t want to see the Confrontation Clause swallow up the 30 exceptions to the hearsay rule, and therefore you have to draw lines. . . .What’s at issue here to me, is the problem of not having th[e] Confrontation Clause swallow up the 30 exceptions which are necessary in many instances for the justice[] of a trial.Argument transcript, at… [read post]
1 Oct 2013, 5:53 pm
(Pix (c) Larry Catá Backer 2013) I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law." [read post]
16 Jun 2014, 11:59 am
The United States Supreme Court has just issued its opinion in Republic of Argentina v. [read post]
26 May 2019, 8:22 pm
I was delighted to have been asked to deliver remarks as part of the panel organized by Silvia Pedraza (University of Michigan) for a panel on Cuba in Comparative Analysis organized by the Association for the Study of the Cuba Economy for the Latin American Studies Association Annual Meeting held in Boston, MA 27 May 2019.The text of my remarks, The Fundamental Contradiction of Cuban Socialism in the “New Era”: Economic Reintegration Preserving the Revolutionary Moment, along… [read post]
5 Jul 2022, 6:27 am
After months of deliberation, last week the Supreme Court declined the most recent chance to revisit New York Times v. [read post]
4 Feb 2023, 6:49 am
As part of its outreach plan, the Business and Human Rights Working Group is seeking input from a variety of sectors. [read post]
7 Mar 2015, 1:36 pm
"[A]s a matter of law, the Marshalls would have been able to discover BP's fraud th[r]ough the use of reasonable diligence. [read post]
22 Feb 2018, 6:00 am
On Sept. 24, 2017, President Trump signed a proclamation, better known as “travel ban 3.0,” which would have denied entry to aliens from six predominantly-Muslim nations. [read post]
Water Wars: Marcos Vows Philippines ‘Will Not Lose One Inch of Its Territory’ in the South China Sea
16 Mar 2023, 5:16 am
Solomon Islands Ousts Provincial Leader Critical of China The leader of the Solomon Islands’s most populous province was ousted on Feb. 7 after a vote of no confidence by the provincial legislature. [read post]
22 Apr 2022, 5:01 am
The three islands, known as Mischief Reef (Chinese: Měijì Jiāo; Filipino: Panganiban Reef; Vietnamese: Đá Vành Khăn), Subi Reef (Chinese: Zhǔbì Jiāo; Filipino: Zamora Reef; Vietnamese: Đá Su Bi), and Fiery Cross Reef (Chinese: Yǒngshǔ Jiāo; Filipino: Kagitingan Reef; Vietnamese: Đá Chữ Thập), were once low-tide elevations (LTEs), defined by UNCLOS Article 13 as naturally formed areas… [read post]
10 Sep 2020, 6:15 pm
[This guest post by Mr. [read post]
3 Jun 2020, 5:47 am
For the first time in decades, the U.S. military is patrolling the streets of the nation’s capital. [read post]
8 Aug 2017, 1:18 pm
CHP Using Social Media to Investigate Fatal Interstate 5 Crash I’m Ed Smith, a Lodi wrongful death lawyer. [read post]
14 Sep 2015, 3:17 pm
Saturday We’re flirting with hypothermia, and we’re lost in the fog on a featureless field of snow. [read post]
30 Aug 2023, 3:52 pm
Today, we are on the eve of the HCCH 2019 Judgments Convention’s entry into force. [read post]
11 Oct 2024, 6:30 am
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
16 Dec 2013, 6:36 am
As I explained earlier, the crux of plaintiffs’ RFRA claims in Hobby Lobby and Conestoga Wood is that the HHS “Preventive Services” Rule substantially burdens the religious exercise of the companies’ owners and managers by putting them to an untenable choice between their civil and religious obligations. [read post]
11 Apr 2013, 3:33 pm
The EEOC Determined in Mia Macy v. [read post]
6 Feb 2024, 3:36 pm
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
9 Jan 2017, 10:12 pm
EVICTION SUIT DIFFERS FROM SUIT TO RESOLVE OWNERSHIP ISSUES (TITLE TO REAL ESTATE) A forcible detainer action is an expedited proceeding intended to "provide a speedy, simple, and inexpensive means for resolving the question of the right to possession of premises" where no unlawful entry occurs. [read post]
