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6 Apr 2017, 9:01 pm by Vikram David Amar
In view of the visibility of the Offices of the President and the Vice President and the effect of their actions on countless people, they are easily identifiable targets for suits for civil damages.The Cheney Court did not seem to even notice the tension between its analysis and that of the Jones Court (or the Morrison Court, for that matter.) [read post]
28 Mar 2017, 11:09 pm by Jarod Bona
If you don’t have anything, you should start with a treatise on the relevant subject matter. [read post]
27 Mar 2017, 1:43 pm by Eugene Volokh
Adams, a split 2-1 8th Circuit panel upheld such an expulsion; the Supreme Court will on Friday consider the petition for certiorari, filed by Robert Corn-Revere, Ronald London and Lisa Zycherman of Davis Wright Tremaine. [read post]
15 Mar 2017, 4:28 pm by Josh Blackman
As a general matter, many core aspects of refugee law raise Establishment Clause problems. [read post]
8 Mar 2017, 9:01 pm by Vikram David Amar
Very possibly, but the matter could get complicated.One objection might be that such a measure—giving the legislature power to overrule the judiciary—violates separation of powers. [read post]
23 Feb 2017, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
19 Feb 2017, 12:42 pm by sairey2012
This provision gives the Court the competence to determine matters of human rights violations of citizens of the ECOWAS Community. [read post]
16 Feb 2017, 9:26 pm by Dennis Crouch
To be sure, as a matter of policy, granting plaintiffs unbridled discretion over choice of forum in patent litigation may be problematic. [read post]
9 Feb 2017, 9:01 pm by Vikram David Amar and Michael Schaps
Moreover, the fact that Printz involved gun control (at a time when many of the members of its majority were beginning to think that the Second Amendment ought to be read more forcefully) complicates matters; it is possible that some people who believe Printz was correctly decided might create an exception for immigration or national security matters. [read post]
8 Feb 2017, 3:09 pm by Deborah Pearlstein
Curtiss-Wright that the President has unique, essentially unbounded discretion in matters of foreign affairs (Zivotofsky v. [read post]
6 Feb 2017, 3:26 am by Peter Mahler
Wright, denied the respondent’s dismissal motion and ordered an evidentiary hearing based on the respondent’s conflicting allegations that the petitioner failed to perform his duties and that the respondent was the 100% shareholder based on an alleged buy-out arrangement. [read post]
25 Jan 2017, 2:53 pm by John C. Manoog III
General jurisdiction is much broader, subjecting a defendant to suit in the forum state in all matters, even those that have no direct relationship to the forum state. [read post]