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30 Nov 2008, 10:17 am
And some could be alleviated through ordinary Congressional legislation, the advise and consent process, the Twenty-Fifth Amendment, and so on.In assessing whether a "hard-wired" feature of the Constitution is really "hard-wired" or not, we have to ask what it would take, short of Article V amendment, for various parties to agree to work around it. [read post]
3 Oct 2013, 9:24 am by Jack Goldsmith
Two pieces in the news worth noting on the issue of secrecy v. transparency in the U.S. intelligence world. [read post]
1 Sep 2009, 4:31 am
Reasonable suspicion is a lower threshold than probable cause and "'does not deal with hard certainties, but with probabilities.'" United States v. [read post]
5 Sep 2012, 7:59 pm by Ilya Somin
In the recent SCOTUSblog symposium on the upcoming Fisher v. [read post]
2 Mar 2016, 7:39 am by Second Circuit Civil Rights Blog
" These claims are hard to win, but they are winnable.The case is Stephenson v. [read post]
29 Jun 2014, 10:09 am by Venkat Balasubramani
’s daughter, posted above an article about a baby who was “shaken so hard his brain swelled, wiping out his cognitive functioning and severely disabling him” - photograph of K.C. [read post]
24 Aug 2023, 6:00 am by Lawrence Solum
Most people would be hard‐​pressed to define the “American Dream” without some reference to economic freedom. [read post]
11 Dec 2013, 12:09 pm by By Shawn Jain, ACLU
Here in the United States, for example, the Supreme Court ruled in 1986 in Bowers v. [read post]
24 Nov 2013, 2:36 pm by Stephen Bilkis
Having no apparent ability to control his voyeurism and exhibitionism, the court was hard pressed to conclude that PH was able to control the kind of hands-on contact offense which previously arose out of those identical behaviors. [read post]
4 Feb 2009, 12:25 am
People v Castellano, 41 AD3d 184, 185; People v Carter, 40 AD3d 1310, 1312). [read post]
16 May 2018, 10:37 pm by Anthony Gaughan
Roberts, in particular, is sometimes a hard justice to read. [read post]