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26 Feb 2010, 2:32 pm by Lyle Denniston
The Weyhrauch case tests whether the law applies to a state official if that official did not violate any state law. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
As I noted in my original essay on The Embarrassing Second Amendment, the most interesting bumper-sticker is not “when guns are outlawed, only criminals will have guns,” but, instead, “when guns are outlawed, only the state will have guns. [read post]
5 Jul 2024, 6:30 am by Guest Blogger
As John Vile argues in his insightful 2016 book, Convention Wisdom, if state legislators control the convention calls and later ratification of the convention’s proposals, they should definitely not also fill the convention itself: checks and balances are essential within the Article V convention process (p.146). [read post]
30 Sep 2020, 8:30 am by Guest Blogger
   We explained in Red Families v. [read post]
30 Jun 2020, 5:30 am by Bailey DeSimone
Lingering state sodomy laws were invalidated in the 2003 Lawrence v. [read post]
21 Dec 2010, 9:30 pm by Adam Wagner
There were over a hundred claimants, and they claimed that the state needs to open a public inquiry in order to satisfy the investigative aspect of article 3 of the European Convention on Human Rights, which outlaws torture and inhumane treatment but also requires states to adequately investigate abuse allegations in order to prevent rights breaches happening again (see our previous post for more information). [read post]
13 May 2022, 6:44 am by Paul Stephan
Does this mean that the many states that labeled Israel an international outlaw could have ignored its rights under international law? [read post]
20 May 2016, 6:00 am by Daniel E. Cummins
Cummins, Pennsylvania Law Weekly May 17 2016  A riddle of negligence law has always been to what extent the orbit of responsibility extends outward from a tortfeasor's conduct toward an injured party so as to render the tortfeasor potentially liable as a matter of law.As noted by Dean Prosser in his hornbook on torts and as stated by former Justice Benjamin Cardozo in his famous decision in the case of Palsgraf v. [read post]
United Kingdom, known as the Irish State Case. [read post]
So the most relevant prohibition is Section 2384, which outlaws “seditious conspiracy,” defined as when “two or more persons ... conspire to overthrow, put down, or to destroy by force the Government of the United States ... or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the… [read post]