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22 Feb 2024, 6:30 am by Guest Blogger
” Some, including apparently Thurgood Marshall, saw this as evidence that Holmes actually thought he’d settled the matter; others read it as ironic (1436). [read post]
26 Dec 2018, 5:31 am by Gritsforbreakfast
In fact, the CCA had re-affirmed the use of bite-mark evidence as recently as 2012. [read post]
14 Apr 2016, 2:35 pm
 (The only dissenters were Justices Marshall and Stevens -- hardly justices hell-bent on textualism and two whom Judge Owens wants to strap his contemporary analysis.) [read post]
5 Mar 2017, 7:00 am by Andrew Delaney
Criminal courts can use delinquencies at sentencing hearings for adult crimes. [read post]
20 Apr 2017, 11:15 am
But the plaintiffs did a good job marshaling their facts, which is what makes this such a close case. [read post]
4 Jun 2018, 11:12 am by Sandy Levinson
  Thus a Constitution devoted to securing “the blessings of liberty” would assure us a minimal state that was prevented from such overreach.This is a crazy reading of the Constitution, you might well say, and you could also cite Marshall’s opinion in McCulloch in support. [read post]
18 Mar 2020, 10:54 am
There were exceptions of course—the political use of refugees as casualties of war (the Palestinians, the Afghans, the Rohingya, etc.) [read post]
2 Feb 2016, 5:00 am
All of the attorneys writing the summaries - John Gihon, Marshall Cohen, Roberta Cooper - should be commended for their hard work. [read post]
14 Sep 2018, 2:00 pm by Randy Barnett
Federalist 37 tells us to look at the liquidation of the meaning by historical practice over time. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
28 Feb 2023, 11:51 am by Unknown
  And we’ve normalized the fact that most intrusions and cyber threats are never reported to the government or shared with potentially targeted organizations, allowing our adversaries to re-use the same techniques to compromise countless other organizations, often using the same infrastructure. [read post]
1 Jul 2010, 1:12 pm by annalthouse@gmail.com (Ann Althouse)
His offending tweet, it seems to us, is a constitutionally protected opinion rather than a false statement of fact.One reason I have no interest in suing is that I want the broadest First Amendment rights here. [read post]
For example, the Anna Nicole Smith versus the Marshall family case was stalled in probate for many years. [read post]
15 Jan 2019, 8:17 am by DONALD SCARINCI
Surely the State has no right to cleanse public debate to the point where it is grammatically palatable to the most squeamish among us. [read post]
31 May 2011, 1:00 pm by Greg Weyandt
We hope that means a rational review of facts, marshalling those facts, and then advocating for one’s client. [read post]
7 Feb 2023, 6:11 am by Sean Harrington
 One of the big challenges will be organization: this will help you craft a logical, coherent, modular argument that marshals unfamiliar resources quickly. [read post]
31 Dec 2017, 11:55 am by Stuart Kaplow
In most states those who handle fireworks are regulated for safety by a state fire marshall who issue permits including of “firework shooters, explosive blasters, explosive manufacturing, and explosive sales. [read post]