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27 Mar 2015, 11:07 am by Harry Cole
And the FCC had cryptically announced that it had re-jiggered the policy in some undescribed way(s) that permitted the Commission to summarily dismiss (apparently in a matter of minutes, if not seconds) a million or more indecency complaints that had been sitting around for years. [read post]
6 Jan 2014, 6:11 am by Rebecca Tushnet
  As a factual matter, this result is also an artifact of the case’s procedural history—the court only considered the parties’ factual submissions and didn’t review the text of Arthur Conan Doyle’s actual canonical writings. [read post]
But let’s briefly put aside the reality that the memo is probably neither a complete nor a fair account of the FBI’s handling of the Page matter. [read post]
15 Jun 2014, 1:39 pm by Marty Lederman
”  And Chief Justice Roberts appeared to agree that the Section 4980H(a) assessment is a tax assessed for a lawful choice, not a penalty for a violation of legal duty. [read post]
2 Jun 2011, 4:33 pm by Ronda Muir
One can’t review the data showing the magnitude of mental illness, substance abuse and other indices of distress in lawyers without thinking of the lawsuit that, with apologies to Lord Alfred Douglas, no one dares speak about but is certain to come. [read post]
29 Apr 2015, 11:55 am
In any event, this is the question that split the Court 5-4 (with Chief Justice Roberts and the four more liberal Justices voting to uphold the ban, and the four remaining conservative Justices voting to strike it down). [read post]
3 Jul 2009, 5:22 am
In fact, these were the words of Commissioner Robert McConnaughey when he addressed this Society back in 1948. [read post]
16 Feb 2010, 8:34 am by Beck, et al.
This sure seems to undercut the Government’s argument in the Allergan case:  that FDA regulation of off-label promotion doesn't constitute a prior restraint because FDA isn’t technically prohibiting speech before it happens…  FDA’s just threatening to wallop you for saying something FDA thinks is off-label promotion – think Robert DeNiro with that baseball bat in the Untouchables (we could add a link, but we… [read post]
10 Jun 2010, 5:26 am by Russ Bensing
  But that doesn’t end the matter, because in Crawford and in its subsequent decision in Giles v. [read post]
22 Apr 2010, 3:40 am by Russ Bensing
Roberts, which basically held that hearsay passed muster as long as it had “sufficient indicia of reliability. [read post]
12 Feb 2013, 7:30 am by Wells Bennett
  But Elkins didn’t talk to prosecutors previously about audio feed matters to third parties, despite his knowledge of where audio feeds from the courtroom traveled. [read post]
27 Mar 2009, 5:23 am
Chief Justice Roberts voiced skepticism of this second argument, stating that Mr. [read post]
30 Jan 2019, 4:00 am by Margaret Taylor
Also only a matter of time is resistance to those subpoenas based on the assertion of executive privilege by the Trump administration. [read post]
29 Mar 2010, 5:45 pm by Administrator
Getting the input of both counsel is typically considered part of the judge’s weighing of the situation in these matters, after all. [read post]
24 Feb 2020, 9:59 am by William Ford, Elliot Setzer
We don’t want to react to the policy cycle. [read post]
18 Jun 2020, 5:12 pm by Jack Goldsmith, Marty Lederman
At that point, according to the government, National Security Adviser Robert O’Brien reviewed the manuscript and “concluded that it still appeared to contain classified information. [read post]
14 Jul 2009, 11:40 am
Then he said that Roberts made such a promise on a different matter when he was up for confirmation. [read post]