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12 May 2022, 6:51 pm by Sabrina I. Pacifici
That 1868 Amendment was passed during the period of American Reconstruction, when statespowers were being subjected to certain limitations. [read post]
29 Oct 2012, 5:07 pm by INFORRM
So the Court of Appeal may have invented a powerful new remedy for media lawyers. [read post]
9 Apr 2017, 8:35 am
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
26 Feb 2023, 6:46 pm by Russell Knight
The more recent the decision…the more powerful the stare decisis (we cannot be held to decisions based on antiquated notions). [read post]
4 Jun 2007, 8:33 am
Mark Danner's powerful address on the Iraq War, noted by Marty below, prompted me to reflect on an essential difference between how our leaders wage war and how it was done in the medieval days, as described by Martin van Creveld (in The Rise and Decline of the State):Having defeated their rivals by one method or another, the monarchs soon began to change the way they did business and presented themselves to the world. [read post]
14 Jul 2012, 10:52 am
A simple straightforward analysis of this process is found in the case of Ramirez v. [read post]
3 Oct 2008, 7:18 pm
Constitution gives Congress the power to establish laws governing the United States patent system. [read post]
14 Jan 2010, 11:28 am by Vicki Shiah
  On December 23, 2009, a proposed consent decree in the matter of Indeck Corinth, L.P. v. [read post]
8 Feb 2015, 9:05 pm by Walter Olson
Times, Ronald Collins/Concurring Opinions, video from Baca v. [read post]
27 Apr 2020, 4:12 pm by INFORRM
In that case, the Court of Appeal noted that section 12 of the Human Rights Act “imposes an obligation on the court to uphold Convention rights when exercising its discretionary powers in the circumstances delineated in section 12”, and stated that in certain circumstances the Court could refuse to give effect to contractual terms, since it has “a policing jurisdiction on the face of the legislation, from which the parties cannot derogate, including in… [read post]