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27 Apr 2008, 2:38 pm
I doubt I will be quite so prolific this week as I am going to be back on a suppression hearing on Tuesday and maybe Wednesday in People v. [read post]
26 Nov 2023, 9:01 pm by Austin Sarat
”Chief Justice John Roberts’s majority opinion in Students for Fair Admissions didn’t quarrel with those claims. [read post]
21 Jun 2013, 4:46 am by Kedar Bhatia
Johns River Water Management District 11-1447Issue: (1) Whether a land-use agency can be held liable for a taking when it refused to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. [read post]
1 Jun 2008, 5:01 am
Evidence of a crime is not illegal in and of itself, but it can be seized because it can be used to convict someone of a crime; a gun police have probable cause to believe was used to murder someone is evidence of a crime, but not contraband.)Here's how I illustrate the plain view doctrine to my students: Assume police have a warrant to go to John Doe's home and search for a stolen safe (a small one). [read post]
6 May 2021, 12:23 pm by Joshua Braver
  A skeptic might note that fact and ask what difference does it make if seditious conspiracy is also on that list? [read post]
12 Dec 2013, 8:08 am by Rebecca Tushnet
John Villasenor, University of California, Los Angeles Challenge is to write language that would allow a digital first sale doctrine without creating gaping loopholes exploited to the detriment of rightholders—short term loan problem. [read post]
11 Dec 2009, 5:57 am by Susan Brenner
And, finally, as I explained in a post I did a few months ago, the standard courts use to decide when two crimes are the same is the Blockburger test: In Blockburger v. [read post]
30 May 2012, 10:01 pm by Neil Cahn
Does the fringe benefit reduce living expenses? [read post]
5 Apr 2010, 3:51 am by Russ Bensing
”  This devotion to detail reaches an apogee in State v. [read post]
21 Nov 2013, 6:09 pm by Will Baude
… The historical and structural argument presented above does not demonstrate that a majority must at all times be able to obtain a vote on all measures that it desires. [read post]
22 Aug 2011, 4:48 am by Marie Louise
(PlagiarismToday)   US Copyright – Decisions 2nd Circuit: First sale doctrine does not apply to foreign-made works – Importer is copyright infringer: John Wiley & Sons Inc. v. [read post]
22 Aug 2011, 4:48 am by Marie Louise
(PlagiarismToday)   US Copyright – Decisions 2nd Circuit: First sale doctrine does not apply to foreign-made works – Importer is copyright infringer: John Wiley & Sons Inc. v. [read post]