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4 Jul 2010, 4:16 pm
The Frye general acceptance test, however, continues to be the standard for determining reliability and admissibility of expert testimony in New York (see People v. [read post]
8 Mar 2022, 2:10 pm
 DOM beat us to the punch with his post on the excellent SCOTUS opinion in Wooden v. [read post]
3 Aug 2020, 3:12 pm by David Oscar Markus
Roberts fancies himself the second coming of the great Chief Justice John Marshall. [read post]
26 Mar 2014, 8:39 am by By Chase Strangio, Staff Attorney, ACLU
Shaw's clearly established constitutional rights were violated – constitutional rights that were set forth in the seminal case of Farmer v. [read post]
22 Aug 2011, 9:53 am by John Mikhail
Maryland, a point Marshall left somewhat opaque in McCulloch, but clarified five years later in Osborn v. [read post]
29 Jan 2020, 8:52 pm by Sandy Levinson
 The problem is that it is an almost literally insane way to construe a constitution that, in Marshall's words, is "designed to endure" and/or maintain a republican form of government instead of descending into the worst form of elective monarchy. [read post]
14 May 2007, 1:00 am
Co. of Wausau KINGS COUNTYCriminal Practice Court Denies Defendant's Motion to Dismiss For Information's Facial Insufficiency People v. [read post]
28 Feb 2012, 3:10 am by Max Kennerly, Esq.
Consider the language Scalia marshaled from State constitutions enacted around the same time: Pennsylvania’s Declaration of Rights of 1776 said: “That the people have a right to bear arms for the defence of themselves, and the state. [read post]
20 Jul 2018, 8:51 am by Hannah Kris
Steve Vladeck discussed Judge Brett Kavanaugh’s views on Morrison v. [read post]