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1 Nov 2020, 4:00 pm
Consider the case constantly referred to in decisions this year by courts at both the state and federal level: Jacobson v. [read post]
31 Oct 2020, 7:39 am by Russell Knight
Subpoenas from a United States’ divorce lawyer have little power overseas. [read post]
31 Oct 2020, 7:28 am by Jack Goldsmith
” As the Supreme Court stated in Department of the Navy v. [read post]
30 Oct 2020, 11:41 am by NCC Staff
Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny By Angus King Jr., United States Senator, Maine and Heather Cox Richardson, Professor of History, Boston College Angus King Jr. and Heather Cox Richardson argue against originalism—the method of legal interpretation that favors interpreting the Constitution or laws based strictly on their original meaning—and for an interpretative philosophy that looks to the ideals and intent of the… [read post]
30 Oct 2020, 7:59 am by John Hochfelder
United States of America (N.D.N.Y. 2020)  ordered that an award of pain and suffering damages in the sum of $18,000,000 ($7,500,000 past – 15.5 years, $10,500,000 future – 20.5 years) “does not deviate materially from reasonable compensation. [read post]
30 Oct 2020, 5:32 am by Will Baude
The Bank of the United States no longer exists, but M'Culloch v. [read post]
 Hurley, Texas (shorthand for the state challengers), and the Solicitor General (or “SG” for the intervening United States) argue that the insurance requirement cannot be severed and thus the entire ACA must fall. [read post]
29 Oct 2020, 9:00 pm by Austin Sarat and Daniel B. Edelman
And it cannot prevent Congress from determining who the rightful electors are and discharging its exclusive responsibility to say who will serve as the next President of the United States. [read post]
29 Oct 2020, 12:28 pm by Marcia Coyle
The late Justice Ruth Bader Ginsburg, who often was in dissent in the court’s 5-4 decisions each term, once offered what seemed to be a message not just about the court but for all Americans when they believe the court is “out of whack” in whatever direction: Referring to her late husband, Ginsburg remarked, “Marty used to say the true symbol of the United States is not the bald eagle. [read post]
29 Oct 2020, 11:36 am by Mavrick Law Firm
Title seventeen of the United States Code protects “in original works of authorship fixed in any tangible medium of expression. [read post]
29 Oct 2020, 10:39 am by John Elwood
United States, 20-5758. [read post]
29 Oct 2020, 4:27 am by SHG
What does the Supreme Court have to do with it? [read post]
Any errors in authorizing a treatment or vaccine for the novel coronavirus could have serious repercussions for the United States’s ability to get the pandemic under control, and for health security more broadly. [read post]