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23 Jul 2012, 6:01 am
Amicus Brief for the United States: The ability to float does not make a structure a “vessel. [read post]
23 Jul 2012, 5:58 am
At the Wall Street Journal Law Blog, Chelsea Phipps discusses the prospect that the government may have a more difficult time regulating false or misleading commercial speech in the wake of United States v. [read post]
23 Jul 2012, 2:00 am
” citing Humane Society of the United States v. [read post]
23 Jul 2012, 2:00 am
Judge Kenny found that the petitioner has standing. [read post]
22 Jul 2012, 10:22 pm
At the end of judicial review, the United States Court of Appeals decided three sets of petitions for review of EPA rules, denying all of the petitions. [read post]
22 Jul 2012, 8:49 pm
In addition to establishing the method of service on the assessing unit, Section 708(3) requires a copy of the petition to be mailed to the superintendent of any school district in which the real property at issue is located. [read post]
20 Jul 2012, 1:10 pm
The decision comes in response to a legal petition filed earlier this year by twenty-five beekeepers and environmental organizations, citing significant acute and chronic bee kills across the United States linked to neonicotinoid pesticides, particularly clothianidin. [read post]
20 Jul 2012, 9:50 am
District Court for the District of Columbia referenced my most-noted formulation of this principle in a foreign-cubed piracy case, United States v. [read post]
20 Jul 2012, 8:15 am
Indeed, that issue could not have been presented in Sosa, which involved conduct for which the United States could easily have been deemed responsible. [read post]
20 Jul 2012, 5:00 am
Reply of petitioners [read post]
19 Jul 2012, 6:16 am
Respondent stated that this was why he had requested her school and shot records from Petitioner. [read post]
19 Jul 2012, 6:05 am
Over at the Volokh Conspiracy, Orin Kerr has video of a recent conference of privacy law scholars on the “mosaic theory” of Fourth Amendment searches, which was embraced by the two concurring opinions in United States v. [read post]
18 Jul 2012, 9:12 am
Student loans are not normally dischargeable in bankruptcy (see 11 U.S.C. 523(a)(8)(B)) unless the obligation imposes an "undue hardship" on the borrower or his dependents; the statute doesn't define "undue hardship," and a number of courts have applied the test articulated by the United States Court of Appeals for the Second Circuit in the Brunner decision. [read post]
17 Jul 2012, 4:14 pm
The young United States did not wish to harbor a pirate or slave trader considered the enemy of all mankind. [read post]
17 Jul 2012, 8:37 am
The First Congress of the United States enacted the ATS to ensure that U.S. courts could enforce international law. [read post]
16 Jul 2012, 1:05 pm
Immediately thereafter, Petitioner moved to be discharged pursuant to the Double Jeopardy Clause of the 5th Amendment of the United States Constitution. [read post]
16 Jul 2012, 11:29 am
Several briefs on the merits have been filed and I've provided links to them below: Parties Petitioner's Brief Respondent's Brief Amici Brief of the United States Supporting Petitioner Brief of Maritime Law Professors Supporting Petitioner Brief of the Seattle Floating Homes Association and the Floating Homes Association of Sausalito in Support of Petitioner Brief for the American Gaming Association in Support of… [read post]
16 Jul 2012, 10:57 am
The Petition asserts that Iskanian also disregards United States Supreme Court decisional law on this point, noting that the high Court “has never endorsed the notion that ‘arbitration agreements must be enforced according to their terms’ regardless of whether enforcement would eviscerate a party’s substantive rights, as the Court of Appeal did here. [read post]
16 Jul 2012, 10:50 am
It is a law of the United States, which authorizes courts to apply domestic American law to activities with some substantial connection to the United States. [read post]
16 Jul 2012, 6:10 am
The government complied and responded with one sentence informing the court that “all three petitioners in the above-captioned cases are still in the custody and control of the United States. [read post]