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20 Aug 2019, 3:19 am by Sally-Ann Underhill and Nicole Cheung
As the wording of clause 3 did not make good grammatical sense, the deputy judge had to apply Rainy Sky SA v. [read post]
23 Apr 2014, 5:04 pm by Kent Scheidegger
Taylor, 529 U.S. 362, 413 (2000).Under the "unreasonable application" clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from this Court's decisions but unreasonably applies that principle to the facts of the prisoner's case.Unfortunately, an otherwise good Fourth Circuit opinion, Green v. [read post]
16 May 2018, 4:27 am by Edith Roberts
” At the National Conference of State Legislatures Blog, Lisa Soronen discusses Mount Lemmon Fire District v. [read post]
2 Jul 2008, 9:31 am
Many commentators, including my good friends Randy Barnett and Larry Solum, have praised Justice Scalia's opinion in Heller v. [read post]
16 Apr 2024, 4:00 am by Eric Segall
  CITIZENS UNITED, ELANA KAGAN, AND THE QUESTION THAT HAD NO PLAUSIBLE ANSWERMost liberals and progressives view Citizens United v. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
21 May 2015, 2:55 am by Lyle Denniston
Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at Ireland’s historic gay marriage referendum, and if it could influence the United States Supreme Court. [read post]
25 Mar 2022, 6:20 am by Riana Harvey
This was quickly dismissed by the Judge, stating that the Hearing Officer had properly concluded that there was a low degree of conceptual similarity and that no point of law was to be found there.Turning to the second Ground of appeal, it was submitted that the independency principle had not been applied properly as per Canon v MGM. [read post]
17 Aug 2006, 10:15 am
The court held that this claim required access to sensitive information that could not be disclosed without a reasonable risk of harm to the interests of the United States. [read post]
16 Aug 2006, 8:27 am
The treatise is the standard reference in antitrust and the common-law nature of antitrust in the United States makes the treatise particularly influential. [read post]
10 Oct 2015, 8:41 am by Bill Otis
But it's true nevertheless that when prisoners are kept off the street, they can attack only one another, not you or your family.Imprisonment's crime-reduction effect helps explain why the burglary, car-theft, and robbery rates are lower in the United States than in England. [read post]
1 Jun 2012, 11:35 am
 First, since there can be no diversity action against the United States, the plaintiffs do not have access to federal courts unless there is a federal question. [read post]