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23 Aug 2023, 4:00 am by Eric Segall
She was the United States Solicitor General when the challenges to the statute were being resolved by the lower courts. [read post]
21 Aug 2023, 12:51 pm by Stephen LaSala and Lauren Ash
In states that recognize an expert determination (including Delaware and New York), parties should carefully consider which dispute resolution procedure will best serve their needs. [read post]
21 Aug 2023, 6:05 am by Patryk I. Labuda
Both Germany and the United States have advocated the “hybrid” route, with U.S. [read post]
21 Aug 2023, 4:00 am by Michael C. Dorf
The reason the Court had occasion to consider whether the Second Bank of the United States was validly chartered by the United States was because if it was (as the Court held it was), then it was an instrumentality of the United States and therefore immune to taxation by a state. [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
But at least Justice Holmes acknowledged that "[o]f course an employee of the United States does not secure a general immunity from state law while acting in the course of his employment. [read post]
14 Aug 2023, 4:00 am by Eric Segall
Section 3 says the following:No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution… [read post]
11 Aug 2023, 10:11 am by Cynthia Marcotte Stamer
IDR Process Suspended The IDR process currently is suspended following the August 3 , 2023 ruling by the United States District Court for the Eastern District of Texas in Texas Medical Association v. [read post]
11 Aug 2023, 6:05 am by Santiago Stocker
In fact, analysis of historical data from 1946-2022, cross-referenced with regime-type data from V-Dem, reveals that a successful coup has never occurred in a liberal democracy in Sub-Saharan Africa. [read post]
10 Aug 2023, 6:04 am by Eugene Volokh
He agreed and stipulated to the factual basis for his guilty plea and agreed that if the case were to proceed to trial, the United States could prove the agreed-to facts beyond a reasonable doubt. [read post]
9 Aug 2023, 4:18 am by Eric Segall
United States, in which the Could upheld the forced relocation of all people of Japanese descent on the West Coast just because of their ancestry. [read post]
8 Aug 2023, 9:01 pm by renholding
  That pressure has only grown following the Supreme Court’s recent decision against affirmative action in SFFA v. [read post]
8 Aug 2023, 2:01 pm by Laurence H. Tribe
Among other things, it completely disregards the role of the Electoral Count Act – and, even more fundamentally, of Article II of the Constitution in empowering Congress to set the “Time of chusing the Electors, and the Day on which they shall give their Votes, which Day shall be the same throughout the United States. [read post]