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28 Oct 2020, 9:01 pm by Vikram David Amar
The elected Arizona legislature (and Chief Justice John Roberts’s dissent), like the Rehnquist concurrence in Bush v. [read post]
22 Oct 2020, 11:00 am by Steve Vladeck
Douglas’ last-minute stay of the executions of Julius and Ethel Rosenberg in 1953, to the Cambodia bombing litigation 20 years later, to at least the first round of Bush v. [read post]
14 Oct 2020, 9:00 am by ernst
A central thesis of this chapter is that it is questionable whether the reasoning of Dixon J in the Cold War Era cases (Sharkey, Burns v Ransley, Communisty Party Case, and the Pharmaceutical Benefits Case) as well as the reasoning in subsequent pivotal executive power cases in the High Court such as AAP and Davis, support the development of an inherent executive “nationhood” power in s 61 of the Constitution. [read post]
5 Oct 2020, 2:40 pm by Amy Howe
” The justices asked for the federal government’s views in three cases: Montana v. [read post]
Furthermore, they argued that Davis was entitled to qualified immunity, a doctrine that immunizes government officials from lawsuits alleging infringement of constitutional rights unless the conduct violates clearly established federal law. [read post]
5 Oct 2020, 7:30 am by Jennifer Davis
This post was co-authored by Jennifer Davis and Shannon Herlihy, Law Library Creative Intern. [read post]
2 Oct 2020, 5:52 pm by Eugene Volokh
Davis, Justice Blackmun granted a television network's application to stay an injunction prohibiting a broadcast that would allegedly disclose a meat packing company's trade secrets. 510 U.S. at 1318; see also Ford Motor Co. v. [read post]