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23 Jun 2016, 5:41 am by Patricia Salkin
The City next argued that the application of the emergency ordinance to Stewart’s project impaired no vested right conferred by the permit-vesting ordinance because the latter ordinance only “proscribed the application of legislation to prohibit a project, whereas the emergency ordinance imposed a CUP requirement. [read post]
22 Jun 2016, 6:19 am
I identify the four conventional strands of constitutionalist discourse Constitutionalism provides a framework applicable to any organized group, from States to non-State actors, that seeks to govern itself through an entity autonomous of other entities and of its constituent parts. [read post]
16 Jun 2016, 7:30 am by Web Master
      Supporting evidence on every applicable child custody factor; and 4. [read post]
10 Jun 2016, 5:42 am by Marty Lederman
 He wrote:If the Commission in the present case had denied licenses to all applicants convicted of crimes or military offenses, plaintiff would have no valid basis for demanding that a license be issued to him. [read post]
8 Jun 2016, 6:15 am by Marty Lederman
On December 24, 1969, Judge Walter Mansfield, to whom the case had been reassigned, wrote as follows: If the Commission in the present case had denied licenses to all applicants convicted of crimes or military offenses, plaintiff would have no valid basis for demanding that a license be issued to him. [read post]
5 Jun 2016, 11:23 am by Stewart Baker
Or (2) maybe they’re just doing their job the way they’ve always done it, flagging every applicable FOIA exemption for the sake of completeness, without giving any thought to the risks created by that policy in this particular case. [read post]
14 May 2016, 1:01 am by rhapsodyinbooks
James Somerset, a slave, was purchased by Charles Stewart, an English customs officer, when Stewart was in Boston. [read post]
13 May 2016, 12:48 pm
This post examines a recent opinion from the Court of Appeals of Ohio – 8th District: State v. [read post]
24 Apr 2016, 4:00 am by Administrator
Human Rights: Discrimination; Drug ‘Disability’Stewart v. [read post]
20 Apr 2016, 12:21 pm by Ronald Mann
When Justice Elena Kagan followed up, pressing Stewart to explain what kinds of terms would be immaterial – so that their breach would not justify a False Claims Act suit – Stewart took the position that all of the government’s contract terms are material. [read post]
19 Apr 2016, 8:57 am by Peter Margulies
Those interviews would be far more difficult if the applicants were deported to their country of origin while their applications were pending. [read post]
19 Apr 2016, 8:56 am by Rory Little
Usefully, Justice Kennedy’s opinion settles that proper application of Teague must consider the “function” of a new rule, not its constitutional source. [read post]
5 Apr 2016, 12:07 pm by kgates
Each program’s attendees discuss application of the new rules to a variety of hypothetical cases and leave with a toolbox of techniques for putting the Amendments into practice. [read post]
3 Apr 2016, 9:16 pm by Cody M. Poplin
Stewart for a discussion of their new book Chasing Ghosts: The Policing of Terrorism. [read post]
1 Apr 2016, 1:33 pm by Alex R. McQuade
The Nuclear Security Summit began yesterday in Washington where President Obama called for the United States and its allies to stand together against the nuclear threat stemming from North Korea. [read post]
30 Mar 2016, 4:30 am
  As most of you know, comment K says that there are some useful products that are inherently incapable of being made safe, so application of strict liability would be crazy. [read post]