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27 Jun 2008, 3:00 pm
At page 51, Justice Scalia, writing for the court, cited a law review article entitled, “The Peculiar Story of United States v. [read post]
27 Jun 2008, 2:55 pm
The conviction was vacated.Congratulations to Steven Barth of the Federal Defenders of San Diego for the win.Duncan v. [read post]
27 Jun 2008, 7:08 am
The conflict resolved by the Supreme Court in DC v Heller today arises from the ambiguity created by the frankly flowery language. [read post]
26 Jun 2008, 9:45 pm
The passage in question from Justice John Paul Stevens' dissent that is slightly misquoted in Justice Antonin Scalia's majority opinion actually states, "Even if the textual and historical arguments on both sides of the issue were evenly balanced, respect for the well-settled views of all of our predecessors on this Court, and for the rule of law itself, see Mitchell v. [read post]
26 Jun 2008, 6:20 pm
From this discussion one could conclude (as did Justices Stevens, Ginsburg, and Breyer in dissent) that state legislatures and state courts are doing their jobs and are policing jury awards of punitive damages as they should. [read post]
26 Jun 2008, 4:21 pm
Here are some comments & links from around the blogosphere:Analyis of Heller by Lawrence Solum (or scroll down)Initial Thoughts on Heller by Orin Kerr & Key Limitations of Heller by Orin Kerr The Second Amendment and State and Local Laws by Eugene Volokh My Sense of the Bottom Line from Heller by Tom Goldstein Heller Discussion Board: "Clarity is in the Eye of the Beholder by Alan Morrison Heller, Justice Steven's Dissent, and the Historian's… [read post]
26 Jun 2008, 3:35 pm
Of today's three decisions, the most significant is District of Columbia v. [read post]
26 Jun 2008, 3:14 pm
In a 5-4 decision, the United States Supreme Court has decided District of Columbia v. [read post]