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21 Sep 2022, 10:04 pm by Kurt R. Karst
  Last, because of the tremendous power given government prosecutors under this strict liability misdemeanor statutory framework, it is critical that those prosecutors exercise prosecutorial discretion, which is why the Justice Manual identifies a host of factors that prosecutors should consider before bringing any criminal charge. [read post]
21 Sep 2022, 2:43 pm by Unknown
Getting Cooley right : The inherent criminal powers of tribal law enforcement. [read post]
21 Sep 2022, 6:30 am by Guest Blogger
  Still, the Ukrainian example is powerful: why shouldn’t a similarly disposed country have something like the second amendment? [read post]
21 Sep 2022, 6:07 am by Matthew L.M. Fletcher
Abstract: While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. [read post]
20 Sep 2022, 1:44 pm by Kevin LaCroix
  In the Court’s June 30, 2022 opinion by Chief Justice John Roberts in West Virginia v. [read post]
20 Sep 2022, 6:30 am by Guest Blogger
Art V of the US Constitution, for example, imposed a complete ban on amendments of Art I s 9 cl 1 and 4 until 1808. [read post]
20 Sep 2022, 12:39 am by Florian Mueller
We're way past the point at which Apple's abuse of its market power is merely a problem affecting "competitors" or a few consumers. [read post]
19 Sep 2022, 5:30 pm by Aimee Brown
The second case this week is United Power, Inc. v. [read post]
19 Sep 2022, 4:06 pm by Reference Staff
One of the most famous censorship cases to land in the courts is United States v. [read post]
19 Sep 2022, 2:15 pm by Hadley Baker, Claudia Swain
Court of Appeals for the Fifth Circuit’s ruling on content moderation in NetChoice v. [read post]
19 Sep 2022, 1:34 pm by Michael Gordon
  On May 9, 2022, a Fifth Circuit panel heard oral argument in Community Financial Services Association v. [read post]
19 Sep 2022, 1:33 pm by Giles Peaker
(Ms M had a lasting power of attorney, but it was common ground that this did not enable her to assign the tenancy to herself). [read post]
19 Sep 2022, 8:52 am by Erik W. Weibust
As we have previously written in Law360, it is questionable whether the FTC even has the authority to regulate, much less prohibit, noncompetes, particularly following the Supreme Court’s decision in West Virginia v. [read post]