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5 Mar 2015, 6:22 am
At the "Plum Line" blog of The Washington Post, Greg Sargent has a post titled "A hint of good news for Obamacare, but don't get your hopes up too much. [read post]
5 Mar 2015, 6:00 am by Maureen Johnston
Texas 14-292Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as the Fifth Circuit has held – an appropriate vehicle for the jury to consider and give full effect to mitigating evidence of good character, such that failure to provide a separate question violates the Eighth and Fourteenth Amendments under this Court’s jurisprudence in Penry v. [read post]
2 Mar 2015, 10:02 pm
Ct. 2566, 2607-08 (2012) (NFIB) (Roberts, C.J., Breyer, and Kagan, JJ.); id., at 2674 (Scalia, Kennedy, Thomas, and Alito, JJ., dissenting). [read post]
2 Mar 2015, 8:26 pm
"Freedom of association therefore plainly presupposes a freedom not to associate," as the Supreme Court put it in Roberts v. [read post]
2 Mar 2015, 2:43 pm
Never too late 33 [week ending Sunday 15 February] –- Evoking Audrey Hepburn’s image is not OK in Italy | Reasonable royalty and moral prejudice: new reference to the CJEU | CoA for England and Wales on parallel importations in Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Madaus GmbH | The Logic of Innovation: Intellectual Property, and What the User Found There and Tritton on Intellectual Property in Europe reviewed | Italian baked goods’… [read post]
2 Mar 2015, 2:24 pm by Marty Lederman
”).For good reason, the challengers make barely any effort to demonstrate that any members of Congress, let alone majorities of both houses and the President, actually intended to put the States to such a terrible choice, with such ruinous consequences if a State chooses one of the options Congress has offered. [read post]
2 Mar 2015, 12:27 pm
First the flattery: There’s one very good reason to think the chief justice will rule for the government again: He’s too good a lawyer to do otherwise. [read post]
2 Mar 2015, 6:00 am by Jennifer Daskal
The definition offered to date by the Obama administration to date—which is limited to those organized armed groups that have actually joined the fight as co-belligerents with ISIL (or Al Qaeda) against the United States and its coalition partners—is a good place to start. [read post]
1 Mar 2015, 9:01 pm by Ronald D. Rotunda
” His response: “Probably a good idea, but the Founders did not fight a revolution to gain the right to government agency protocols. [read post]
1 Mar 2015, 7:39 pm
  Under the prevailing approach, even if the child is compelled to testify, whether in the courtroom or under some alternative procedure, it likely will not do the accused much good. [read post]
1 Mar 2015, 7:39 pm
  Under the prevailing approach, even if the child is compelled to testify, whether in the courtroom or under some alternative procedure, it likely will not do the accused much good. [read post]
27 Feb 2015, 10:00 am by Robert Chesney
Expenses and logistics The good news is that there is no registration fee or paperwork for those who are selected to attend (nor is there any CLE credit, alas). [read post]
27 Feb 2015, 7:20 am by James Fox
  Yet non-originalists (livingists, if you will) have not done a very good job of considering, let alone incorporating into constitutional interpretation, the sources and meanings of black history either. [read post]
26 Feb 2015, 10:03 pm by Lydia Zuraw
“It’s helpful for us to have that information as we try to decide whether these are good ideas or bad ideas,” said Rep. [read post]
26 Feb 2015, 2:06 pm by Robert Gilligan
A good number of NC State Troopers have ARIDE training, although local law enforcement offices usually have a few officers trained in this manner as well. [read post]