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13 Sep 2018, 10:15 am
Discover Bank), and should have been successful in defeating the bank’s bid for summary judgment due to defects in the creditor’s affidavit and insufficient proof on all elements of a breach-of-contract claim based on an unsigned contract.Lowering the Bar On appeal, the Third Court of Appeal allowed that the Bank could have done a better job marshaling its evidence in support of its breach-of-contract claim, but it then went on to nevertheless hold that the Bank had… [read post]
12 Sep 2018, 8:37 am
Unlike the Democratic senators, Senator Kennedy was able to marshal somewhat of a critique of Judge Kavanaugh's originalism. [read post]
12 Sep 2018, 7:44 am
Marshals Service, the Federal Bureau of Investigation, the Drug Enforcement Administration, and other agencies. [read post]
12 Sep 2018, 6:30 am
We can follow the lead of Chief Justice Marshall who lamented the fact of conquest and counseled the United States not to do it anymore. [read post]
11 Sep 2018, 9:26 pm
District Court for the Eastern District of Texas Marshall Division, the Court ruled that Defendants T Mobile USA, Inc. and T-Mobile US, Inc. [read post]
11 Sep 2018, 10:23 am
Perhaps we should start thinking about the Marshall Court, like the Warren Court, as a collaborative effort. [read post]
11 Sep 2018, 9:50 am
[Here Kavanaugh unapologetically asserts what, in the 20th Century came to be called the power of judicial review, but which Alexander Hamilton, John Marshall and others described as a duty to follow the higher law of the Constitution against mere legislation. [read post]
10 Sep 2018, 5:56 pm
Still, the Marshall Court’s interpretive method is relevant to contemporary discussions about originalism in at least some contexts.First, at the highest level, the Marshall Court’s practice raises questions that go back to H. [read post]
10 Sep 2018, 2:49 pm
More will follow in the coming days, especially as states, international organizations, civil society, and aggregations of the intelligentsia on every side of this issue marshals their forces for their discursive fusillades. [read post]
10 Sep 2018, 7:16 am
While being a small relatively obscure area of Texas, the Eastern District and its courthouse in Marshall, Texas have developed a reputation for attacking some of our country’s biggest corporations and well-respected patent litigators.In recent years, the Eastern District of Texas has come under increased scrutiny for attracting a special kind of patent owner, Non-Practicing Entities (“NPEs”) or patent troll. [read post]
9 Sep 2018, 12:57 pm
" "One of the genius moves of Thurgood Marshall," Kavanaugh replied, "among many genius moves, was to start litigating case by case. [read post]
9 Sep 2018, 11:03 am
They certainly dress the part — that’s why they wear the black robes, a practice dating to the estimable John Marshall, chief justice in the early 19th century. [read post]
7 Sep 2018, 11:15 am
By contrast, Kavanaugh has taken pains to highlight the constitutional amends made by post-Founding amendments, in language more reminiscent of Thurgood Marshall than Antonin Scalia:We revere the Constitution in this country, and we should. [read post]
7 Sep 2018, 5:31 am
All I can think of is Patty Hearst and General Field Marshal Cinque.With a little research: John and Yoko, Barbara Streisand and Elliot Gould, Jane Fonda and Donald Sutherland, Carly Simon and James Taylor, Steve McQueen and Ali MacGraw, Jack Nicholson and Anjelica Huston, Liz Taylor and Richard Burton, Farrah Fawcett and Lee Majors, Jerry Hall and Mick Jagger, Diane Keaton and Warren Beatty.That actually does seem much grander than what we have today, at least from the perspective of… [read post]
7 Sep 2018, 4:52 am
See more from the Marshall Project.More guards framing prisoners for disciplinary casesKeri Blakinger at the Houston Chronicle has yet another example of Texas Department of Criminal Justice prison guards proactively setting up innocent inmates for disciplinary infractions they didn't earn - in this case, allegedly planting drill bits in an inmate's cell then accusing him of hiding them. [read post]
6 Sep 2018, 10:40 am
Chief Justice Marshall, with some controversy, argued that the common law of England was and is the law of the United States, and it has been argued that the common law is incorporated into the federal constitution by the 9th Amendment as unenumerated rights. [read post]
5 Sep 2018, 9:30 pm
First, the Marshall Court invoked the Framers’ intentions but never undertook any investigation into those intentions. [read post]
5 Sep 2018, 12:02 pm
Biro Law Library at The John Marshall Law School in Chicago contain the largest collection of unpublished Illinois Appellate Court Opinions available.... [read post]
4 Sep 2018, 9:30 pm
Chief Justice John Marshall made that point in the early 1800s, and courts largely stuck with that understanding ever since. [read post]
4 Sep 2018, 3:46 am
Willett concluded:Count me with Chief Justice Marshall: “The government of the United States has been emphatically termed a government of laws, and not of men. [read post]
