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27 Aug 2008, 10:26 am
A number of entities have continued to weigh in as amici in the Wyeth v. [read post]
8 May 2022, 5:00 am by jonathanturley
Those questions include how states may be required to enforce such a ban. [read post]
3 Dec 2010, 12:21 am by 1 Crown Office Row
 The reader or hearer ought to be in a position to judge for himself how far the comment was well founded. [read post]
3 Apr 2012, 8:47 am by Matt Bodie
 The whole "limiting principle" -- or lack thereof -- is irrelevant to the states' economic power. [read post]
18 Apr 2019, 8:04 pm by Adam Levitin
Reasonable minds might differ about where/how to draw the line. [read post]
16 Dec 2021, 12:26 pm by Kevin Kaufman
If we accept the state’s argument that it’s an excise tax, then it’s probably an unconstitutional one, because it fails to meet the nexus requirements established in cases like Complete Auto Transit v. [read post]
9 Feb 2012, 1:08 pm by Jason Mazzone
(Perhaps that outcome will produce a new round of equal protection litigation against the state for allowing some same-sex marriages to go forward but prohibiting others; the state can offer up as its rational reason for its distinction the mandate of Perry v. [read post]
7 Mar 2024, 6:08 am by Samuel Bray
" There was debate at the oral argument about how much this was due to litigation decisions by the states. [read post]
17 Jun 2012, 5:42 am
Factors that courts have considered include how often the defendant stayed in the dwelling, e.g., United States v. [read post]
8 May 2017, 6:02 am by David Kris
California, which required a warrant to search a smart phone incident to an arrest; and second, the concurrences of five Justices in United States v. [read post]
28 Feb 2022, 9:00 pm by Vikram David Amar
Notable state judicial review under state constitutions in fact predated the Philadelphia Convention and Marbury v. [read post]
6 Nov 2013, 10:26 am by Jason Rantanen
Gannon stated that the government believes this case arises under the patent laws. [read post]
19 Mar 2018, 6:46 am by ASAD KHAN
Lord Lloyd-Jones found that B’s situation fell into the category of case Lord Dyson had in mind in Lumba where a person’s detention pending deportation ceases to be lawful no matter how grave the risk of absconding or the risk of serious offending. [read post]