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23 Feb 2016, 6:51 am by Sean Wajert
See, e.g., Woods, 771 F.3d at 1262 (noting that “a party seeking remand to the state court bears the burden of showing jurisdiction in federal court is improper under one of CAFA's exclusionary provisions”); see also Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1019 (9th Cir.2007) (“The structure of the statute and the long-standing rule on proof of exceptions to removal dictate that the party seeking remand bears the burden of proof as to… [read post]
21 Feb 2016, 5:32 pm by Omar Ha-Redeye
The Federal Court of Appeal stated in Air Canada v. [read post]
21 Feb 2016, 4:00 pm by Old Fox
Cranmer accepted a commission to write a propaganda treatise in the king’s interest, stating the course he proposed and defending it by arguments from Scripture, the Fathers, and the decrees of general councils. [read post]
20 Feb 2016, 7:41 am by Daniel Shaviro
 He never sought to refute Saul Cornell's influential claim that the right to bear arms in 1791 was the right to be part of a state militia. [read post]
17 Feb 2016, 9:35 am by Randy Barnett
In his dissenting opinion, Justice John Paul Stevens, joined by the other three “progressives,” abandoned the “collective right of states” reading in favor of a newly-minted theory that, with the Second Amendment, the framers intended to protect the individual right of a citizen to bear arms in an organized militia. [read post]
17 Feb 2016, 7:28 am by John Ehrett
Lane; and (2) whether the United States Supreme Court has jurisdiction over a state court determination of retroactivity of a case on collateral review, when a state has both adopted and applied Teague. [read post]