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19 Nov 2016, 10:58 am by Walter Olson
The Supreme Court’s “anti-commandeering” doctrine holds that the federal government lacks authority under the Constitution simply to order state governments to implement federal programs or act affirmatively in other ways. [read post]
19 Apr 2011, 9:32 am by Kent Scheidegger
  So Young and the Eleventh Amendment aren't going to kill such a suit.Justice Kennedy, concurring joined by Justice Thomas, tells us that state law, not federal law, is the way to stop the absurdity of the state suing itself:First, and most important, state law must authorize an agency or official to sue another arm of the State. [read post]
27 Apr 2023, 2:04 am by Dr. Laura McGuire, Guest Contributor
A yes that is stated under unclear assumptions is not a true yes. [read post]
22 Nov 2011, 4:32 pm by Eugene Volokh
(Eugene Volokh) Gene Fidell (Yale Law School) and some of his students are putting together an article tentatively titled A Pronouncing Dictionary of the Supreme Court of the United States, which will basically help people know the standard ways of pronouncing Supreme Court case names (such as City of Boerne v. [read post]
27 Jun 2019, 4:00 am by Thomas Merrill
This imports the sequencing familiar in the Chevron context from United States v. [read post]
8 Oct 2019, 7:34 am by Robert Black
On Monday, the first day of the new Supreme Court term, the Court heard argument in Kahler v. [read post]
17 Mar 2007, 1:10 am
Therefore, the trial court erred in allowing the State to ask petitioner "were-they-lying" questions. [read post]
27 Nov 2019, 8:51 pm by Patent Docs
., Australia, New Zealand, the UK, and Ireland (stated in various ways), and a recent decision by the Federal Circuit regarding preclusion of infringement under the doctrine of equivalents by prosecution history estoppel is an excellent example of the same principle in patent law. [read post]