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8 Feb 2024, 7:53 am
The court identified three errors, (i) defendant’s prior record level being identified as V instead of IV, (ii) the marking of box 12 of the sentencing sheet for committing an offense while on pretrial release, and (iii) not marking the box on the aggravating factors sheet noting that defendant entered a plea to the aggravating factor. [read post]
8 Feb 2024, 5:36 am
So, what does she hope for when people see the statue? [read post]
7 Feb 2024, 11:00 pm
" And, the Presidential Succession Clause of Article II, Section 1 says that in the event of a vacancy in both the presidency and the vice presidency "Congress may by Law [declare] what Officer [legislative or executive] shall then act as President. [read post]
7 Feb 2024, 9:01 pm
The addition of the policy statement is driven in part by the OCC’s determination that the Comptroller’s Licensing Manual does not adequately describe “all of the OCC’s considerations regarding the BMA statutory factors and its related processes such as considerations for holding public meetings. [read post]
7 Feb 2024, 7:47 pm
Offices and Officers of the Constitution, Part II: The Four Approaches, 61 South Texas Law Review 321 (2022) (posted 2/1/22). [read post]
7 Feb 2024, 7:45 pm
" (And odd comments given that the Sinecure Clause does not use "chosen" at all. [read post]
7 Feb 2024, 2:35 pm
II, § 1, cl. 5). [read post]
7 Feb 2024, 2:02 pm
II, § 1, cl. 5). [read post]
7 Feb 2024, 10:54 am
, Does Failure to Pay Real Property Taxes Make the Owner a Squatter? [read post]
7 Feb 2024, 10:32 am
But what difference does it make? [read post]
7 Feb 2024, 10:05 am
Trump, concluding that Donald Trump does not have absolute immunity from prosecution for his actions seeking to overturn the 2020 presidential election results. [read post]
7 Feb 2024, 6:30 am
Roberto Gargarella PART II The Actual Practice of our Constitutional Democracies In the previous section, we analyzed the -Madisonian- conception of democracy underlying The Collaborative Constitution. [read post]
7 Feb 2024, 5:19 am
Article II, section one of the Constitution specifically provides that states –state legislatures enacting state laws; and state courts and election officials in faithfully applying such laws – are assigned the constitutional power to choose the "Manner" of selecting their state's allotted number of electors for President and Vice President. [read post]
7 Feb 2024, 4:30 am
" (as contested by the merits briefs and numerous amici).(3) Does the oath of office of the President, as set forth in Article II, Section 1, to "preserve, protect and defend the Constitution of the United States" count as an oath "to support the Constitution of the United States," as set forth in Section 3 of the 14th Amendment? [read post]
6 Feb 2024, 4:11 pm
Finally, it is worth noting that Steyn J rejected, at the outset, Mr Trump’s suggestion that the Orbis’s objection to the amendment was “wholly technical” as the Claim Form could have been amended without permission before service, explaining that “an objection based on the expiry of a limitation period can always be described as technical, but such characterisation does not alter its effectiveness” ([42]). [read post]
6 Feb 2024, 3:36 pm
The CRSCC, however, spends more than ten pages on the argument in Part II of its reply brief. [read post]
6 Feb 2024, 8:26 am
The Court of Justice of the European Union (CJEU)’s Schrems II decision[1] clarified strict rules for personal data transfers outside of the European Union. [read post]
6 Feb 2024, 7:20 am
Just as the Constitution consists of its text and not its legislative history, how much more is it the case that the Constitution does not consist of silence in its legislative history. [read post]
6 Feb 2024, 6:58 am
” Finally, the Program explicitly states that it is limited to SDNY and “does not apply to any other United States Attorney’s Office or any other litigating component of the Justice Department. [read post]
6 Feb 2024, 5:22 am
Second, the United States is not party to API, and the DoD Manual does not explicitly embrace the Fundamental Guarantees regime as binding. [read post]
