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1 May 2018, 8:00 am by Dan Ernst
Finally, I query whether his subjects should and can still serve as our models.Fiss's "heroes" are Thurgood Marshall, William Brennan, John Doar, Burke Marshall, Harry Kalven, Eugene Rostow, Arthur Leff, Catharine MacKinnon, Joseph Goldstein, Robert Cover, Morton Horwitz, Carlos Nino, and Aharon Barak. [read post]
1 May 2018, 4:37 am by Christopher J. Walker
” This flummoxed Chief Justice John Roberts. [read post]
30 Apr 2018, 3:31 pm by Kevin LaCroix
Robert MacAneyney and John Pitblado of the Carlton Fields law firm (here), the problem that these kinds of situation present from an insurance coverage standpoint is that in one of these payment fraud situations “the fraudster is not so much using a computer, as they are using a human dupe, who then conducts the authorized, nonfraudlent uses of a computer … unwittingly furthering the fraud. [read post]
30 Apr 2018, 9:29 am by Amy Howe
One such skeptic may be Chief Justice John Roberts, who in 2013 suggested that the Supreme Court “may need to clarify the limits of the use of” cy pres remedies. [read post]
29 Apr 2018, 3:29 pm by Orin Kerr
This argument has some superficial appeal, and finds support in a dissent by Justice John Paul Stevens, who once contended that a defendant could "not...be compelled to reveal the combination to his wall safe" either "by word or deed. [read post]
29 Apr 2018, 3:24 pm by Jon
Election, by Jeff John Roberts, August 9, 2016.What should have been done 1. [read post]
29 Apr 2018, 2:48 pm by Steven D. Schwinn
Schwinn, John Marshall Law School Judge Amy Berman Jackson (D.D.C.) on Friday dismissed Paul Manafort's civil case challenging the appointment of Robert Mueller as special counsel, and therefore Meuller's authority to prosecute him. [read post]
28 Apr 2018, 12:23 pm by Quinta Jurecic
But given that Morrison, at least on its face, appears to still be good law, the more relevant critique might be that any such appeal by Special Counsel Robert Mueller would be vulnerable to constitutional challenge—even if that challenge didn’t succeed—which would create a great deal of complicated litigation and distract from the central issue of the president having fired the special counsel investigating him. [read post]
27 Apr 2018, 1:32 pm by Anthony Gaughan
For instance, they describe a a short but telling November 2017 exchange between Chief Justice John Roberts, Justice Stephen Breyer, and Scott Gant (counsel for the Department of the Interior) in the case of Patchak v. [read post]
27 Apr 2018, 12:32 pm by Quinta Jurecic
-Saudi citizen held in U.S. custody in Iraq (John Doe) to the custody of an unnamed third country (what country could that possibly be?). [read post]
27 Apr 2018, 8:48 am by Chinmayi Sharma
Writing for the majority, Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Neil Gorsuch denied recognizing corporate liability on the basis of the judicial restraint called for by the language, purpose, and history of the ATS. [read post]
26 Apr 2018, 11:52 am by Andrew Hamm
Judge Robert Bork compared it to an ink blot. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
At Vox, Dara Lind breaks down the argument, suggesting that Chief Justice John Roberts and Justice Anthony Kennedy “appeared most worried about the national security implications of striking down the ban — with the idea that this would limit some future president from doing what needed to be done to keep America safe. [read post]
25 Apr 2018, 1:46 pm by Peter Margulies
On reviewability, Chief Justice John Roberts and Justices Anthony Kennedy and Neil Gorsuch probed whether the challenge was properly before the court. [read post]
25 Apr 2018, 1:28 pm by Adam Feldman
He received the most applications, followed by Chief Justice John Roberts, who is responsible for the U.S. [read post]
25 Apr 2018, 1:03 pm
Chief Justice John Roberts and Justice Samuel Alito – were clearly worried that a ruling for the challengers might entangle courts in second-guessing the president’s national-security determinations. [read post]