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30 Oct 2015, 3:30 am by Christopher Walker
In Mortgage Bankers and the Amtrak case, Justice Thomas questioned the modern administrative state on separation of powers and nondelegation grounds, and then wrapped up the Term in Michigan v. [read post]
Respondent, the Warden of the Louisiana State Penitentiary, argues that the Antiterrorism and Effective Death Penalty Act (AEDPA) limits the powers of federal courts to overturn state criminal proceedings. [read post]
27 Dec 2021, 10:04 pm by Josh Blackman
The easiest way to avoid the profligate exercise of the judicial power here is to wait for the state courts to opine. [read post]
10 Mar 2008, 10:05 pm
Unfortunately, as the Supreme Court recognized in United States v. [read post]
8 Jul 2010, 9:49 pm by David Kopel
If DOMA’s direct interference with state prerogatives is beyond federal power, then perhaps any or all of these programs are vulnerable– and unconstitutional– to the extent they interfere with state policies regarding family formation as well. [read post]
19 Nov 2012, 5:44 am by Susan Brenner
Because he has not proved a reasonable probability of suppression, Gonzalez fails to state a claim for ineffective assistance of counsel.Gonzalez v. [read post]
29 Jun 2020, 1:03 pm by Derek T. Muller
Congress has no power to establish voter qualifications—certainly not under the Elections Clause, as the Supreme Court said in Arizona v. [read post]
20 May 2012, 2:05 pm by Randy Barnett
And, as we all know, the Supreme Court expressly rejected this proposition in Lopez v. [read post]
16 Dec 2014, 6:26 pm
Then follows an alternative provision that in default of appointment the property shall go unto such person or persons living at the death of the said party of the first part, and being her heir or heirs at law, as would be entitled to take the same by descent from her in case the same was land belonging to her, situate in the state of New York, and, if more than one person, then in the proportion in that behalf prescribed by the laws of said state. [read post]
22 Mar 2015, 7:24 pm
Then follows an alternative provision that in default of appointment the property shall go unto such person or persons living at the death of the said party of the first part, and being her heir or heirs at law, as would be entitled to take the same by descent from her in case the same was land belonging to her, situate in the state of New York, and, if more than one person, then in the proportion in that behalf prescribed by the laws of said state. [read post]
18 Nov 2010, 12:37 pm by Bexis
”  Judges explicitly have the power to order “repleading” of removed complaints. [read post]
19 Feb 2016, 11:57 am
  The sweeping interpretation that a state court gave to a routine registration statute and an accompanying power of attorney that Pennsylvania Fire credited as a general “consent” has yielded to the doctrinal refinement reflected in [Bauman] and the Court’s 21st century approach to general and specific jurisdiction.Id. [read post]