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5 Jan 2016, 4:35 pm by Marty Lederman
"  In effect, then--even if not as a formal matter--Texas's brief is an acquiescence, not an opposition.2. [read post]
3 Jan 2016, 7:03 pm
(Pix © Larry Catá Backer 2016)At least since the Second World War American elites, as successors to and in concert with their Western European comrades, have sought to control the conversation about democracy, democratic legitimacy, and the appropriate forms within which states might structure their internal governance, especially when it relates to the ease with which Euro-American elites might penetrate these subordinate states. [read post]
31 Dec 2015, 9:24 am by Jeffrey P. Gale, P.A.
 The money is good and steady, so there won’t be any biting of the hand, so to speak, from this cadre of medical providers. [read post]
31 Dec 2015, 7:37 am by Rebecca Tushnet
  “[F]airness dictates that a litigant ought not have the burden of proof with respect to facts particularly within the knowledge of the opposing party. [read post]
30 Dec 2015, 5:30 am by Daniel E. Cummins
Allstate Property & Casualty Insurance, 790 F.3d 487 (3d Cir. 2015), the U.S. [read post]
28 Dec 2015, 9:51 pm by Andrew Trask
In other words, it doesn’t matter how far plaintiffs can push a case in state court, if it belongs in federal court, it should wind up there. [read post]
27 Dec 2015, 9:12 am by Ron Coleman
  Keep in mind that every circuit that has ruled on this issue has, even if citing its own precedent, ultimately done so on the basis of In re McGinley, 660 F.2d (C.C.P.A. 1981). [read post]
24 Dec 2015, 8:08 am
 Mrs Claus and I white-knuckle through every Christmas thinking you and the reindeer are going to get intercepted by F-16s. [read post]
23 Dec 2015, 11:19 am by Susan Hennessey
So this bill isn’t just about threat information sharing, it’s about enabling ISP monitoring in ways beyond current law that have not been clearly defined or explained. [read post]
22 Dec 2015, 2:50 pm by Eugene Volokh
Moreover, because the court has struck down part of a federal statute, the Supreme Court will likely agree to consider the case (if the government asks it to); so this isn’t the final word on the matter. [read post]