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28 Feb 2018, 1:34 pm by Zarine Kharazian
Breyer notes that case law has established that the Due Process Clause sees “eligibility for bail as part of due process. [read post]
26 Feb 2018, 8:40 am by Kent Scheidegger
  From last November's decision:More than 30 years ago, Vernon Madison crept up behind police officer Julius Schulte and shot him twice in the head at close range. [read post]
22 Feb 2018, 7:30 am by Theresa Gabaldon
Clause (iii) prohibits retaliation against “whistleblowers” for acts protected under several cross-referenced laws. [read post]
20 Feb 2018, 2:40 pm by Mark Walsh
The argument really starts sparking when Justice Stephen Breyer, who will mark his 25th anniversary on the court next year, is questioning Kelsi Corkran, the lawyer representing the City of Hays police officer who got in trouble for mentioning, during a job interview with a nearby police department, a knife he possessedBreyer presses Corkran about a point and when the lawyer says that “none of this is in the record,” Breyer says, “It may not be in the… [read post]
2 Feb 2018, 9:19 am by Victoria Kwan
” It wasn’t all talk about the law and the Constitution, however — according to the Florida Times-Union, Breyer also ribbed the Jacksonville crowd about the Jaguars’ playoff loss to the New England Patriots. [read post]
17 Jan 2018, 1:23 pm by Harry Graver
The government contends it did: Even if CMCR judges hold “civil offices” for the purposes of Section 973(b), military officers are “authorized by law” to serve as CMCR judges. [read post]
16 Jan 2018, 1:46 pm by Amy Howe
The federal law enacting the dual-officeholding ban prohibits military officers from holding or exercising the functions of a “civil office” requiring a presidential nomination and Senate confirmation “except as otherwise authorized by law. [read post]
12 Jan 2018, 1:20 pm by Orin Kerr
Justice Breyer seemed interested in a test that (if I understand the proposal correctly around page 28) hinged on whether use or posession of the car was a crime. [read post]
12 Jan 2018, 12:54 pm by Amy Howe
Four of them, however, were more skeptical: Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan all indicated that they would have denied the state’s request. [read post]
11 Jan 2018, 4:33 am by Edith Roberts
” At Bloomberg Law, Madison Adler talks to five recent alumnae of the solicitor general’s office, now in private practice, who together have “argued almost 90 cases at the U.S. [read post]
10 Jan 2018, 1:47 pm by Amy Howe
If someone has moved, Breyer suggested, “and they wait long enough, and they send it a couple of times, the post office will send it back and then they’ll know the person has moved. [read post]
9 Jan 2018, 6:35 pm by Amy Howe
“See, Fourth Amendment law is too complicated in a sense already,” Breyer said. [read post]
9 Jan 2018, 2:38 pm by Mark Walsh
I thought the law is that that policeman cannot go into the house until he gets a warrant. [read post]
2 Jan 2018, 3:12 am by Marty Lederman
  See 5 U.S.C. 3105 (“Each agency shall appoint as many administrative law judges as are necessary . . . . [read post]
2 Jan 2018, 3:12 am by Marty Lederman
  See 5 U.S.C. 3105 (“Each agency shall appoint as many administrative law judges as are necessary . . . . [read post]
22 Dec 2017, 2:43 am by NCC Staff
Tam) involves an appeal by the federal Patent and Trademark Office, seeking to have the Supreme Court revive a disparagement law. [read post]