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18 Nov 2009, 6:52 am
Or might he not have assumed as an experienced litigator that the Justices could write a Due Process Clause “incorporation” opinion in their sleepâ€"heck, their clerks could write that opinion in their sleepâ€"and then devoted the bulk of his brief to describing the meaning of the Privileges or Immunities Clause in context? [read post]
18 Oct 2009, 10:00 pm
Twombly, 550 U.S. 544 (2007), and Iqbal v. [read post]
17 Oct 2009, 2:12 pm
 Here’s another inflammatory way to start out … would forcing boys to be vaccinated against their will but without any medical benefit to them, with the benefits accruing instead to girls, violate Roe v Wade? [read post]
16 Oct 2009, 9:46 am
Heck, we put up with it every day for free (see the ATL comments). [read post]
7 Oct 2009, 7:18 am
If Viacom can show YouTube had actual knowledge of the infringing material, then YouTube will have a heck of a time proving it lacked actual knowledge that copyright infringing material was uploaded to YouTube. [read post]
4 Oct 2009, 8:59 pm
  Heck, there's even a whole blog devoted to it! [read post]
2 Oct 2009, 6:28 am
Heck, there's even fewer of them at the walk in windows nowadays.A century or two ago people put their money under the mattress or buried it in the backyard because that was safe. [read post]
1 Oct 2009, 5:03 pm
Heck, there's even fewer of them at the walk in windows nowadays.A century or two ago people put their money under the mattress or buried it in the backyard because that was safe. [read post]
20 Sep 2009, 12:35 am
Heck, victims of rape may not even come forward if they know that a jury, and their parents will learn about their sexual history. [read post]