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12 Feb 2021, 12:59 pm by admin
Evidence does not equal eminence, and expert witnesses in court must show their data and defend their inferen [read post]
8 May 2023, 5:59 am by Siven Watt
“In addition to the weapons found on his body, investigators found another five guns inside his car nearby,” Jack Douglas, Marisa Iati, Brittany Shammas, Devlin Barrett, Justin Wm. [read post]
4 Nov 2014, 11:36 am by Benjamin Bissell
In Alaska’s Senate race, another close contest, voting does not end in some Aleutian Islands until 1 AM EST. [read post]
14 May 2023, 6:00 am by Guest Blogger
(1) What does a legal order without misogyny look like? [read post]
24 Jun 2020, 9:26 am by Sean Quirk
The United States asserts that UNCLOS does not allow a coastal state like the PRC to use straight baselines around islands of an offshore archipelago; only archipelagic states such as the Philippines and Indonesia, which consist entirely of islands, can do so. [read post]
21 Apr 2022, 7:30 am by Guest Blogger
The other reason is that, once parties develop organizationally and informationally, there is a powerful alternative apparatus upon which to mobilize and discipline both voters and legislators (Carpenter 2016), and the force of modern partisanship, even aside from polarization, weighs far more heavily on the legislative desk than the petition (or any modern analog such as the movement) does. [read post]
11 Oct 2020, 6:30 am by Sandy Levinson
Wegman, a former lawyer who is now on the editorial board of the New York Times, has written, as Jack Rakove suggests, a book designed for the widest audience. [read post]
3 Aug 2023, 11:05 am by Rebecca Tushnet
Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. [read post]
23 Oct 2020, 3:01 am by Scott R. Anderson
In many ways, this parallels the original language on succession in Article II of the Constitution, which holds that “Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President[,]” but does not specifically authorize Congress to address vacancies arising from a failed or stalled electoral process. [read post]
Editor’s Note: Lawfare is not a public health law site, and normally, we would not run a piece on food and drug law and the authority of the FDA. [read post]
16 Jun 2018, 8:15 am by Peter Margulies
Bush administration, along with Jack Goldsmith and others, to demand changes in that administration’s secret terrorist surveillance program. [read post]
13 Jun 2023, 8:47 am by Roger Parloff
Trump, Special Counsel Jack Smith’s case against the former president for allegedly, among other things, willfully retaining 31 documents containing sensitive national defense information. [read post]
3 Jul 2018, 10:57 am by Carrie Cordero, Quinta Jurecic
As the chaos unspooled from President Trump’s executive order on family separations, a conventional wisdom quickly emerged: This order was an echo of the very first executive order of Trump’s presidency—the travel ban. [read post]
11 Aug 2020, 6:00 am by Guest Blogger
Jack Balkin agrees with me on this point, Amanda Hollis-Brusky disagrees with both of us. [read post]
12 Apr 2013, 9:13 am by Rebecca Tushnet
  Badly undertheorized, but one reason is that it’s a jack of all trades. [read post]
29 Nov 2022, 4:13 am by Bernard Bell
Many courts have based a recognition of the government misconduct privilege on the proposition that shielding “governmental wrongdoing does not enhance the effectiveness of government and is therefore not within the scope of the general deliberative privilege. [read post]