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25 Feb 2013, 5:01 am by James Edward Maule
To be struck down, the law must violate a provision of the applicable Federal or state Constitution.A recent example of this principle showed up in Fite v. [read post]
Today is the one-year anniversary of the Supreme Court's devastating decision in Shelby County v. [read post]
26 May 2021, 6:30 am by ernst
Common law damages suits against federal officers are said to have remained routinely available until after Bivens was decided when, in the 1988 Westfall Act, Congress barred state-law tort suits against federal officers acting within the scope of their employment.Through case studies of litigation against federal officers involved in customs enforcement and maritime seizures, this Essay qualifies and revises these claims. [read post]
25 Jun 2013, 11:45 am by Amy Howe
When the Court issued yesterday’s decision in Fisher v. [read post]
7 Mar 2011, 7:44 am by Kali Borkoski
Holder (Granted )Docket: 10-545Issue(s): (1) Does the Progress Clause of the United States Constitution, Article I, § 8, cl. 8, prohibit Congress from taking works out of the public domain? [read post]
1 Aug 2013, 2:10 pm by Rahul Bhagnari, ACLU
The legislative history of Section 230 refers specifically to a New York state case — Stratton Oakmont, Inc. v. [read post]
11 Jun 2012, 9:58 am by Cathryn Hopkins, Olswang
While this was implemented to make insurance widely affordable by spreading the cost, those who oppose the Act state that this provision is unconstitutional in that Congress is obliging people to purchase a product from a private company. [read post]
25 Nov 2014, 9:00 am by Guest Blogger
On the interpretive front, the canonical Supreme Court rendering of the executive branch’s interpretive discretion is found in Chevron v. [read post]