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1 Jul 2020, 2:32 pm by Josh Blackman
The majority's description of Morrison, see ante, at 15– 16, is not true to the decision. [read post]
17 Jul 2022, 6:00 am by Lawrence Solum
 This means that some theorists are likely to offer definitions for these terms that make it true (as a matter of definition) that living constitutionalism and originalism are mutually exclusive, where as other theorists may embrace the possibility that some moderate forms of living constitutionalism are compatible with originalism. [read post]
12 Mar 2024, 12:46 pm by admin
Universal Pictures Corp., 45 F.2d 119, 123 (2d Cir. 1930) (Hand, J.). [2] In re Trasylol Prods. [read post]
22 Jun 2021, 9:01 pm by Joanna L. Grossman
The traditional marital presumption reflected the reality that most children born to married women were fathered by the woman’s husband—and that it would not benefit anyone to identify the biological father in cases where that was not true. [read post]
13 Dec 2019, 6:53 am by Schachtman
Your humble blogger, and others, read Wasserstein’s 2019 editorial as an ASA statement.[6] Although it is true that the 2019 paper is labeled “editorial,” and that the editorial does not describe a consensus process, there is no disclaimer such as is customary when someone in an official capacity publishes a personal opinion. [read post]
16 May 2012, 4:57 am by Susan Brenner
  The Court of Appeals began its analysis of his arguments by noting that juvenile court judges have “`broad discretion to fashion appropriate conditions of probation’” because their goal is to rehabilitate the child, rather than, as is true in adult criminal court, punish an offender. [read post]
20 Jan 2021, 9:01 pm by Neil H. Buchanan
In addition to trying to suppress non-Republican votes, however, these legislators can also change their states’ laws in ways that will make it legal to override the voters in their states in future presidential elections.For example, a state could adopt a new law that would empower the legislative leaders of both houses to “investigate” claims of voter fraud and, if they just so happen to find anything suspicious, appoint electors based on what they think the true vote… [read post]
25 Nov 2019, 9:01 pm by Neil H. Buchanan
A guy can dream.In any event, it now is clear that only the most momentous of changes will result in our first-best choice coming true. [read post]
24 Feb 2021, 9:01 pm by Neil H. Buchanan
” That would be true as far as turning the vehicle is concerned, but it would not mean that the car can, say, levitate or go back in time. [read post]
30 Jun 2021, 3:00 am by Jack Sharman
We too easily assume that our recollections are representative and true and discount events that are outside of our immediate memory. [read post]
9 Feb 2020, 10:27 am by Kevin LaCroix
As discussed below, on January 27, 2020, Eastern District of Pennsylvania Judge Timothy J. [read post]
10 Jan 2012, 12:16 pm
The most common issue brought up in probate litigation is that of executor fraud and breach of fiduciary duty. [read post]
4 Dec 2019, 6:00 am by Folkert Graafsma
  One scholar, at least, has hinted at the possibility of AB Members being pressurized by the Secretariat into delivering unanimous decisions.[15]  Such latter practice, if true, must be kept in check. [read post]
22 May 2017, 9:01 pm by Joanna L. Grossman
Although it is not unusual to require notarization for significant documents, premarital agreements just don’t happen to be among the usual class for which it is required.Gary Galetta learned the hard way that New York is a stickler for formalities (a statement that is true in other legal contexts as well). [read post]