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15 Dec 2022, 11:17 am
The Supreme Court's ruling this past summer in New York State Rifle & Pistol Association, Inc. v. [read post]
The part of DOMA denying federal recognition to same-sex marriages that were valid in the state the couple lived in was struck down as unconstitutional in United States v. [read post]
13 Dec 2022, 5:00 am by Unknown
It is whether the United States circa 2023, and for the reasonably foreseeable future, can expect to achieve better results by curtailing the power or changing the composition of the Supreme Court. [read post]
7 Dec 2022, 8:37 am by Michael Oykhman
This conduct can include publicly disobeying a court order (United Nurses of Alberta v Alberta (Attorney General), 1992 CanLII 99 (SCC)) R v Devost, 2010 ONCA 459 (CanLII) also stated that the identity of the accused as well as the date and time of their prohibited conduct must be confirmed (at para 34). [read post]
2 Dec 2022, 10:11 pm by Josh Blackman
I have now had a chance to review the transcript in United States v. [read post]
2 Dec 2022, 1:57 pm by Michael Oykhman
 In a case called United States of America v Dynar, 1997 CanLII 359 (SCC), [1997] 2 SCR 462 (a Canadian case) it was noted that “a person may be convicted of attempt, even when completion of the criminal act was impossible at the time”. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
” What is at issue is the degree to which one accepts the Weberian argument that the state necessarily has a monopoly over the means of violence and their legitimate use or whether, instead, one accepts the possibility that “we the people,” viewed as separate from the particular set of institutions called “the state,” might possess both the right to possess arms and, under certain conditions, to rise up in what Locke termed an “appeal to… [read post]
1 Dec 2022, 8:37 am by Eric Goldman
The court concludes: Whether it is wise for members of the United States Congress to block critical constituents from their social-media accounts is not for a court to say. [read post]
28 Nov 2022, 6:30 am by Guest Blogger
Finally ending its Second Amendment silence, the Supreme Court in New York State Rifle and Pistol Association v. [read post]
27 Nov 2022, 9:01 pm by Austin Sarat
The first trial ended in a mistrial when jurors could not agree on whether he should be convicted of second-degree or first-degree murder.In advance of that trial, the prosecutors developed a strategy to get around the requirements of the United States Supreme Court’s 1986 Batson v Kentucky decision. [read post]