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2 Apr 2008, 10:44 am
The circuit precedent on this point (an immigration removal issue) is in a fair piece of conflict, and it's an issue that arises in a decent number of cases. [read post]
11 Mar 2009, 3:47 pm
Well, we can, we can, we can be a well-run little social democratic welfare state of modest multilateral mien, and a real joiner at the UN, too, inchallah, a member of the Human Rights Council, proud multilateral sponsor of Durban III, IV, and V, and maybe even see an American as President of the General Assembly someday, a good multilateral day, if we pay enough attention to us and stop paying so much attention to you. [read post]
27 Feb 2007, 12:08 pm
And, though he doesn't make this point, the regression here could potentially be infinite. [read post]
21 Apr 2007, 9:57 am
Karl of CDW helpfully points out that there is a a big Constitutional roadblock to the tender years exception statutes: Crawford v. [read post]
5 Aug 2009, 12:42 pm
Gordon pointed you to Donna Nagy's brief (and Larry Ribstein's) yesterday for the Free Enterprise Fund v. [read post]
13 May 2013, 11:56 am
  That's a darn good point, and it's one that I didn't sufficiently appreciate until I was reminded of it by Judge Clifton's dissent.One can summarize Judge Clifton's dissent by saying that there was sufficient evidence here for a reasonable jury to find that the police officer deliberately shot the unarmed decedent in the head at point-blank range when the vehicle the decedent was driving was travelling four miles an hour. [read post]
21 Dec 2021, 3:44 pm by Rick Hills
The Sixth Circuit’s dissenting opinions on OSHA’s power to issue an emergency vaccine mandate (panel opinion here, denial of en banc review here) point to what I shall call a “bipartisan federalism compromise” (BFC, for convenience’s sake) on abortion. [read post]
20 Oct 2022, 8:51 am by Will Baude
[An insightful point from oral argument in National Pork Producers v. [read post]
  Although EPA initially chose to exclude these uses from its analysis, the Ninth Circuit Court of Appeals ordered EPA to include them following a successful legal challenge lodged by consumer groups in Safer Chemicals Healthy Families, et al. v. [read post]
17 Apr 2014, 5:01 am by Bill
It would be fun to locate the court file on Welch v. [read post]
17 May 2010, 8:52 pm by Youngjae Lee
It should also be pointed out that the categorical v. case-by-case debate is not some new thing that just occurred to people in 2009. [read post]
13 Sep 2013, 6:14 am by Kate Fort
Footnote 6 points out that the court believes an order to transfer to tribal court is a final order and therefore could be appealed. [read post]