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Calabresi, Lawson, & Kostial on the Original Meaning of Necessary
5 Sep 2022, 8:55 am by Lawrence Solum
That does not mean that executory laws are 'necessary' only if 'indispensable', as the State of Maryland, echoing Thomas Jefferson, argued in McCulloch. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Know Your Rights: Right to Remain Silent
5 Sep 2022, 8:32 am by John Floyd
United States: two second-degree murder convictions overturned after three days of police questioning in the absence of counsel. 1944 Ashcroft v. [read post]
Criminal Jurisdiction - http://www.johntfloyd.com/blog
Illinois Appellate Court Affirms Denial of Arbitration in Nursing Home Lawsuit
5 Sep 2022, 8:00 am by Robert Kreisman
Clanton v. [read post]
Chicago Nursing Home Lawyers Blog - http://www.robertkreisman.com/nursing-home-lawyer/
Can this Constitution be Saved? The Need and Prospects of Constitutional Amendment in the United States
5 Sep 2022, 6:30 am by Guest Blogger
Article V of the Constitution lays out two mechanisms for amendment. [read post]
Balkinization - http://balkin.blogspot.com/
Sultany on Palestine & Human Rights Law
5 Sep 2022, 5:25 am by Lawrence Solum
Part V unpacks the selectivity argument in light of recent international action against Russian aggression in Ukraine. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Estoppel cannot negate illegality
4 Sep 2022, 11:30 pm by Stephen Kennedy-Good
  The court relied on Trust Bank van Afrika Bpk v Eksteen and reaffirmed that a state of affairs prohibited by law in the public interest cannot be enforceable by reliance upon estoppel. [read post]
Financial Institutions Legal Snapshot - http://www.financialinstitutionslegalsnapshot.com/
What Must Be Filed Regarding Discovery In An Illinois Divorce
4 Sep 2022, 4:30 pm by Russell Knight
Nagel v. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
The Political Process, The Court, and Constitutional Amendment
4 Sep 2022, 6:30 am by Guest Blogger
While the former course is undoubtedly preferable, past events in the United States and beyond make it crystal clear that both are possible. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] Cyberstalking Conviction for E-Mails to Nebraska Legislature Candidate Reversed
3 Sep 2022, 8:51 am by Eugene Volokh
State Coll. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Mygatt-Tauber: Medellín v. Texas: International Justice, Federalism, and the Execution of José Medellín
2 Sep 2022, 6:38 pm by Jacob Katz Cogan
Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. [read post]
International Law Reporter - https://ilreports.blogspot.com/
In a motion for Compassionate Release, “a district court does not have discretion to consider new evidence . . . attacking the validity of the underlying conviction” in weighing “the 18 U.S.C. § 3553(a) factors.” United States v. Amato (Victor Orena), No. 21-2747, __ F.4th ____ (2d Cir. June 15, amended Aug. 31, 2022) (per curiam) (C.J.J.’s Pooler, Sack, and Nathan).
2 Sep 2022, 11:04 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Marijuana distribution is still a violation of 21 U.S.C. § 841(a)(1). The Second Circuit REJECTS the argument that marijuana’s inclusion in Schedule I of the Controlled Substance Act (“CSA”) lacks a rational basis and thus violates Fifth Amendment due process and equal protection rights. United States v. Green, Nos. 19-997(L), 19-1027 (Con), __F.4th__ , 2022 WL 3903654 (2d Cir. Aug. 31, 2022) (C.J.J. Sack and Bianco; D.J. Underhill).
2 Sep 2022, 11:01 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Using a CDN May Contribute to Finding Personal Jurisdiction–R18 v. ThisAV
2 Sep 2022, 8:24 am by Eric Goldman
Case Citation: Will Co., Ltd. v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Court holds that speech on bus safety issues does not address a matter of public concern
2 Sep 2022, 6:30 am by Second Circuit Civil Rights Blog
"Judge Pooler dissents, stating that the majority's interpretation of the Complaint is far too narrow. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] New #TheyLied Libel-by-Implication Case, Related to Firing of Service Employees International Union
2 Sep 2022, 6:20 am by Eugene Volokh
Co. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
2nd Circuit finds that Terminated Whistleblower Employees Must Prove Retaliatory Intent in Sarbanes-Oxley Act Lawsuits
2 Sep 2022, 5:42 am by Kevin MacNeill and Preston Brasch
In a recent decision, Trevor Murray v. [read post]
Global Workplace Insider - http://www.globalworkplaceinsider.com/
College-Loan Forgiveness Plan Reveals Biden’s Constitutional Cynicism
2 Sep 2022, 5:00 am by jonathanturley
In West Virginia v. [read post]
Jonathan Turley - https://jonathanturley.org/
What the Hail Is All the Fuss About? Indiana Hail Damage Claims In the Context of Bad Faith
2 Sep 2022, 5:00 am by Chip Merlin
Co. v. [read post]
Property Insurance Coverage Law Blog - http://www.propertyinsurancecoveragelaw.com/
Abortion and Physician Assistance in Dying: A Sherry Colb Classic
2 Sep 2022, 4:30 am by Michael C. Dorf
ColbDuring the Mississippi abortion case argued earlier this term, the attorney defending the prohibition invoked the case of Washington v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
A Mar-a-Lago Showdown in Federal Court
1 Sep 2022, 4:40 pm by Anna Bower
This is a case about presidential records in the hands of the 45th president of the United States, he argues, not some case of a Defense Department staffer “stuffing documents in a bag” and sneaking out overnight. [read post]
Lawfare - http://www.lawfareblog.com/