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27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
23 Mar 2016, 7:55 am by Steven Schwinn
The Court also spent significant time trying to figure out if Himmelreich’s Section 2680 argument runs contrary to the result in United States v. [read post]
29 Feb 2016, 2:39 pm by Ilya Somin
He has long defended the Supreme Court’s notorious decision in Kelo v. [read post]
24 Feb 2016, 3:09 pm by Francesca Procaccini
The Sixth Amendment contains within it the right to a public trial, and the government has not claimed that that this right is impracticable or inapplicable to defendants at Guantanamo Bay under the standards laid out in Boumediene v. [read post]
23 Feb 2016, 6:51 am by Sean Wajert
Walter Indus., Inc., 449 F.3d 1159, 1163 (11th Cir.2006) (quoting S.Rep. [read post]
22 Feb 2016, 2:15 pm by David Ryan
General Martins begins by calling Judge Pohl’s attention to the ‘ten-category framework’ from his 2014 discovery order in United States v. al Nashiri. [read post]
20 Feb 2016, 12:33 pm by Yishai Schwartz
To support this position, Ryan cites an Eighth Circuit case, United States v Barrow, in which the court required a “deficiency in appointed counsel’s representation,” rather than simple “unwillingness … to communicate with counsel,” as well as the arguably similar cases of Stenson v Lambert and Hunter v Delo. [read post]
3 Feb 2016, 1:44 pm by Ron Coleman
UPDATE:  Walter Olson finds himself magnetically drawn to this display of Likelihood of Attraction. [read post]