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23 Aug 2010, 2:55 pm by Julian Ku
, I thought I would post on this good response by David Bosco to Jeremy Rabkin’s recent essay on the International Criminal Court in The Weekly Standard (which I discussed here). [read post]
17 Apr 2011, 12:47 pm
In many locations, the issue with the long-promised green lane, i.e., expedited release, is the existing and crumbling infrastructure. [read post]
17 Apr 2019, 9:01 pm by Vikram David Amar
Let these noncooperating states hold their own elections, but so long as they amount to less than 270 electors, these elections would be sideshows. [read post]
27 Sep 2023, 9:01 pm by Vikram David Amar
Long would feel free to grant review and correct any misunderstandings of federal law that might have affected the state courts’ decisions. [read post]
21 May 2023, 9:01 pm by Vikram David Amar
Thus, so as long as incoming revenues are sufficient (and the federal government has the logistical accounting capacity, which even our Luddite government must) to keep paying interest and principal on already-issued federal government bonds, and perhaps also to keep paying government-pension obligations—which could constitute debt for services already rendered under a reasonable definition of “debt”—then the federal government can, technically, avoid default on (or… [read post]
16 Sep 2020, 9:01 pm by Vikram David Amar
Right now a question being pressed is whether California should apply its new, lower threshold score to people who failed the test in recent years but who would have passed under the new threshold—a very fair question to ask.)The historical rationale for each state having a distinct bar exam has been the notion that in law (unlike, say, in the medical fields, where the fact that patients in all states share a common human anatomy might explain why there has long been a national… [read post]
19 Jun 2014, 9:01 pm by Vikram David Amar
To be sure, when a state chooses not to enforce a law for a long period of time, the doctrine of “desuetude” may prevent the state from attempting to revive the statute, but if the reason for non-enforcement was a now-considered-erroneous judicial injunction, then enforcement could resume after the constitutional error has been corrected. [read post]
12 Apr 2010, 9:44 pm by David Kopel
The doctrine of “secession” long predated the Confederacy. [read post]
27 Dec 2021, 2:18 pm by AAEPA
The post 1xWager Login appeared first on Law Offices of Cheryl David. [read post]
23 Feb 2017, 9:01 pm by Vikram David Amar
The 2000 election had the potential to be one—and many feel the Supreme Court’s intervention was inappropriate—but the relatively orderly aftermath allayed fears of a true crisis.We are at an unusual constitutional moment to be sure—think of how long it has been since one political party had firm control of all four major organs of the federal government (the presidency, the senate, the house and the Supreme Court)—but we are not to my mind in or on the verge… [read post]
10 Mar 2020, 9:01 pm by Vikram David Amar
Maryland.In that famous ruling involving the Bank of the United States, Chief Justice John Marshall, writing for the Court, struck down a tax that Maryland had specifically imposed on the Baltimore branch of the federally chartered Bank entity, on the ground that Maryland could not impose taxes targeted against the federal government to deter unpopular federal operations, so long as those operations (in this case the Bank of the United States) were constitutionally permissible, no matter… [read post]
2 Aug 2017, 7:08 am by David LaBahn
David LaBahn is president and CEO of the Association of Prosecuting Attorneys. [read post]
21 Jun 2019, 5:59 am by Ira Lupu and Robert Tuttle
Court of Appeals for the 4th Circuit, applying the well-known and long-derided three-part test from Lemon v. [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
If the court of another country resolved disputes by flipping coins, or simply characterizing an accused as a bad guy, without ever going through a coherent process to make findings of particular culpability vel non, perhaps U.S. courts would not accord res judicata respect to those decisions.But, bringing things back to President Trump’s impeachment, as long as the Senate determines either that the allegations embodied in the articles of impeachment are not sufficiently serious to… [read post]
23 Nov 2014, 2:01 pm by David Smith
There is also the question as to how long it might take before a specific piece of anti-social behaviour might be said to have been remedied. [read post]
11 Jan 2012, 8:04 am by Gritsforbreakfast
A cabal of anti-union, anti-public employee businessmen out of Houston are leading the charge to take away your long held and much deserved retirement rights. [read post]