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27 May 2018, 2:35 pm by Ilya Somin
The similarity between deportation for crimes and conventional criminal punishment has been recognized by no less an authority than the United States Supreme Court, in the recent case of Sessions v. [read post]
26 May 2018, 9:28 am by Sandy Levinson
 (Ask yourself if the United States could reinstitute slavery by adding a new amendment proposed and ratified in accordance with the procedures set out in Article V.)Still, the obvious question is whether such determinations are better made by ostensible "experts," whether in law, philosophy, or whatever, or by "we the people" engaging in what Publics might have called 'reflection and choice" about an issue of fundamental importance,… [read post]
26 May 2018, 7:19 am by Rachel Bercovitz
  Grayson Clary summarized the Fourth Circuit’s May 9 decision in United States v. [read post]
26 May 2018, 3:01 am
Court of Appeals for the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. [read post]
25 May 2018, 10:03 am by Scott R. Anderson
Thus it presumably authorizes the same scope of activities, which the Supreme Court found to include law of war detention in Hamdi v. [read post]
25 May 2018, 9:30 am
Transgender people already face particularly harsh and violent conditions in United States prisons and jails Jeff Sessions’ Department of Justice recently announced yet another attack on transgender people. [read post]
25 May 2018, 6:41 am by John Elwood
United States, 17-5684; farewell Gates v. [read post]
25 May 2018, 4:15 am by Edith Roberts
United States, in which the justices will decide whether a provision of the federal sex-offender act violates the nondelegation doctrine, maintaining that the case “presents an excellent opportunity for the Court to protect the separation of powers in an area where it has otherwise been skittish. [read post]
25 May 2018, 3:10 am by Michael Lowe
” In the United States Sentencing Guidelines Manual, the Sentencing Commission’s Recommendations include a recommendation that the judge review the PSR before agreeing to accept the plea agreement. [read post]
24 May 2018, 7:03 am by Matthew Kahn
United States, to find the Supreme Court explicitly saying that the Fourth Amendment embraced a right to privacy and that the surveillance of a phone call was a "search" within that amendment. [read post]