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10 Jul 2014, 7:18 pm
Indeed, at common law, it has long been held that Congress has the power to “repeal[] a penal provision (whether criminal or civil)” and that “such repeals [are] understood to preclude punishment for acts antedating the repeal. [read post]
10 Jul 2014, 7:40 am by Kedar Bhatia
Moss, the Justices unanimously agreed that two Secret Service agents who moved protesters away from President George W. [read post]
9 Jul 2014, 5:55 am
Marty Lederman has a long post on Balkinization criticizing this portion of Hobby Lobby (which he calls “the one (potentially) momentous aspect of Hobby Lobby. [read post]
8 Jul 2014, 9:20 am by Audrey A Millemann
The long-awaited decision by the United States Supreme Court on business method patents was issued on June 19, 2014. [read post]
8 Jul 2014, 8:23 am by Daniel Schwartz
It does not come up until most often long after the fact in the event that there is a dispute with the employer. [read post]
7 Jul 2014, 9:01 pm by Joanna L. Grossman
Herbert was written by Judge Lucero, a Clinton appointee, and joined by Judge Homes, an appointee of George W. [read post]
7 Jul 2014, 12:14 pm
For related thoughts, see this long post on the recently-filed Facebook appeal. [read post]
7 Jul 2014, 6:05 am
As one agent testified, `[W]e would not routinely go into DVDs to delete data, as we're altering the original data that was seized. [read post]
6 Jul 2014, 4:15 pm
If so, she asks, “[W]hy are the vast majority of these free samples for new (meaning those still under patent protection) and expensive drugs that are almost exclusively for illnesses that require the drug’s frequent or continued use? [read post]
6 Jul 2014, 2:35 pm by Charles (Chuck) Rubin
The IRS has adjusted its 5-year automatic ITINs expiration policy so that ITINs will remain in effect for as long as taxpayer continues to file tax returns. [read post]
6 Jul 2014, 12:34 pm by Andrew Delaney
Last time I checked, a guilty plea goes in a prosecutor’s “W” column. [read post]
6 Jul 2014, 5:10 am by Gritsforbreakfast
He argues that, "Far from an infallible science, forensics is a decades-long experiment in which undertrained lab workers jettison the scientific method in favor of speedy results that fit prosecutors’ hunches. [read post]
3 Jul 2014, 3:44 pm by Kevin O'Keefe
[W]e all go to restaurants, get our hair cut, visit all kinds of local businesses where they know us. [read post]
2 Jul 2014, 9:01 pm by Neil H. Buchanan
If ever there were a president who would have revived the faith, it was George W. [read post]
2 Jul 2014, 5:08 am by Michael M. O'Hear
Our cases have determined that “[w]here a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, . . . reasonableness generally requires the obtaining of a judicial warrant. [read post]
1 Jul 2014, 9:58 pm
., 515 U.S. 687, 704 (1995).The 5th Circuit addressed the following issue: "[W]hether the actions of TCEQ in administering licenses to take water from the Guadalupe and San Antonio rivers for human, manufacturing and agricultural use foreseeably and proximately caused the deaths of whooping cranes in the winter of 2008–2009. [read post]