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20 Jan 2023, 3:25 pm
The second exception, which is at issue in Glacier involves state jurisdiction over claims to grant compensation for the consequences, as defined by the traditional law of torts, of conduct marked by violence and imminent threats to public order. [read post]
20 Jan 2023, 9:38 am
Revesz was confirmed in the heat of a very busy final few days of the 117th Congress, so perhaps it was done by voice vote for convenience and speed. [read post]
20 Jan 2023, 5:16 am
President Clinton opposed these efforts, but Congress—lobbied heavily by lawyers for the families—intervened again. [read post]
19 Jan 2023, 5:00 am
(Disclosure: I submitted an amicus brief with Mark Feldman, who was closely involved in the FSIA’s drafting and passage, explaining why the FSIA should not be read to affect criminal prosecutions, and why international law in the form of federal common law does not exempt foreign state-owned enterprises from criminal jurisdiction.) [read post]
18 Jan 2023, 6:30 am
(I leave it to you to fill in the blank.) [read post]
18 Jan 2023, 5:00 am
I say “mostly” because courts are not the only actors who make constitutional meaning and some exceptionally clear constitutional rules need not be derived at all; no substantial contests arise over such questions as when a new Congress begins or the age requirements for being a representative, Senator, or President. [read post]
17 Jan 2023, 6:30 am
I say “mostly” because courts are not the only actors who make constitutional meaning and some exceptionally clear constitutional rules need not be derived at all; no substantial contests arise over such questions as when a new Congress begins or the age requirements for being a representative, Senator, or President. [read post]
17 Jan 2023, 6:10 am
At that time, senior OVP aid I. [read post]
16 Jan 2023, 6:30 am
Young on the Culture and Politics of American Militarism 139, 142 (Mark Philip Bradley and Mary L. [read post]
14 Jan 2023, 6:30 am
Congress responded in 1935 with a statute specifically allowing jury service by federal employees and pension recipients. [read post]
12 Jan 2023, 1:52 pm
I am confident that Mr. [read post]
11 Jan 2023, 6:06 am
Jan. 11 marks the 21st anniversary of the opening of the detention center at Guantánamo Bay. [read post]
11 Jan 2023, 6:00 am
Being the legal geek that I am, I had to stop by the Royal Courts of Justice while in London. [read post]
10 Jan 2023, 10:30 am
I. [read post]
8 Jan 2023, 9:01 pm
The movie version might be titled, “Honey, I Shrunk the Congress. [read post]
8 Jan 2023, 6:30 am
Thus, I have for some years now been engaged in a friendly dispute with yet another close friend, Mark Graber, about the nomenclature of 1776 and its aftermath. [read post]
6 Jan 2023, 7:00 am
Please contact me if I can be of service. [read post]
6 Jan 2023, 1:11 am
Last night, Res Ipsa passed the 66,000,000 mark in views on the blog. [read post]
5 Jan 2023, 6:17 pm
(quotation marks and citation omitted). [read post]
5 Jan 2023, 6:00 am
Ilhan Omar (D-Minn.) was the first member of Congress to call for Justice Thomas to be impeached over his wife’s 29 messages. [read post]