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3 Oct 2014, 6:01 am
A trespassing, spying drone can do a lot of damage, but privacy harms are hard to monetize, especially ex ante. [read post]
3 Oct 2014, 5:10 am by Jon Hyman
Facebook — via The Not-So Private Parts What Messaging Tool Should You Pick to Tell Off Your Boss? [read post]
2 Oct 2014, 1:30 pm by Mark Murakami
 In a situation of immediate threat to public health, the Department of Health may quarantine an individual then apply for the ex parte order. [read post]
1 Oct 2014, 7:11 pm by Steve Vladeck
Circuit, and one that raises fundamentally different issues than the Ex Post Facto Clause claim sidestepped by the en banc D.C. [read post]
1 Oct 2014, 5:40 pm by Lyle Denniston
 Then, last week, the two sides agreed as part of their deal that Electronic Arts would drop both of its petitions. [read post]
1 Oct 2014, 8:30 am by Peter Margulies
Practice and the “Law of War” Ex Parte Quirin exemplifies the deference that Congress is owed. [read post]
30 Sep 2014, 7:23 pm by Steve Vladeck
., that such a conclusion follows from the Supreme Court’s 1942 decision in Ex parte Quirin. [read post]
30 Sep 2014, 5:23 pm by Peter Margulies
Circuit for former JAGs, former national security officials, and scholars, Steve passes over the Court’s observation in Ex Parte Quirin that the Framers simply did not regard military tribunals as “courts” triggering the strictures of Article III. [read post]
30 Sep 2014, 10:20 am by Matthew L.M. Fletcher
Here: Seminole Cert Petition Here is the question presented: This Court established in Ex parte Young, 209 U.S. 123 (1908), that a plaintiff may sue state officials for prospective injunctive relief against the enforcement of an unconstitutional state law. [read post]
30 Sep 2014, 9:02 am by Steve Vladeck
And yet, the government devoted only 11 pages of its 70-page brief to the Article III issue, largely cribbing from Judge Kavanaugh’s discussion of the Article III challenge in his solo opinion concurring in part in and dissenting in part from the en banc majority. [read post]
29 Sep 2014, 3:40 am by Peter Mahler
He may or may not anticipate an ultimate profit from the sale of his interest, but he normally draws very little from the corporation as dividends. [read post]
28 Sep 2014, 4:52 pm
As part of the treatment, while en route to Nassau University Medical Center (NUMC), AMT RS collected six vials of the defendant's blood. [read post]
27 Sep 2014, 12:31 pm by Stephen Bilkis
Sources revealed that the court's findings were based, in part, upon an assessment of the credibility of the witnesses and their character, temperament and sincerity. [read post]
26 Sep 2014, 1:27 pm by Stephen Bilkis
The Ex Post Facto Clause of the Constitution of the United States provides, in relevant part, that "no ex post facto law shall be passed. [read post]
25 Sep 2014, 6:57 am
Stat. 609.765 she could be criminally convicted if the jury decided she had bad motives (perhaps such as revenge or a desire to humiliate the ex-boyfriend) rather than good motives (such as a desire to warn her friends about the ex-boyfriend’s tendencies or to explain her conduct to her loved ones). [read post]
24 Sep 2014, 6:01 am
., goes out with Vic’s ex-girlfriend knowing that Vic is insanely jealous and will probably attack) or with reason to know that Vic will likely retaliate, that’s generally not enough to cause Don to lose his self-defense rights, though there is indeed a controversy about that among courts. [read post]
23 Sep 2014, 10:49 am by Lisa Baird
The Drug & Device Law blog recently posted an analysis of an interesting case, United States ex rel. [read post]
22 Sep 2014, 3:29 pm by Georgialee Lang
  It’s about time we re-examined the unfashionable idea of marital conduct to see whether justice can ever again form part of matrimonial law. [read post]
22 Sep 2014, 3:29 pm by Georgialee Lang
  It’s about time we re-examined the unfashionable idea of marital conduct to see whether justice can ever again form part of matrimonial law. [read post]