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3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
31 Jan 2024, 2:10 pm by jonathanturley
Judge Winsor noted: “It is true that the laws did not affect all districts, and it is true (at least accepting Disney’s allegations) that Disney faces the brunt of the harm. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Republican politicians have embraced immigration as a potent political issue. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
  County clerks finished mailing those ballots to military and overseas voters last week (by January 20 at the latest), as required by the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. [read post]
25 Jan 2024, 9:01 pm by Dean Falvy
Code 1882).Of course, the perpetrators of the January 6 attack would argue that their purpose was to fulfill the Constitution (by insisting on their understanding of the “true” election result), rather than to resist its authority or destroy the Union. [read post]
20 Jan 2024, 9:24 pm by Norman L. Eisen
Second, we explain why the Roman motion’s factual allegations, even if true, do not give rise to a conflict of interest that warrants disqualification of the prosecutors in Roman’s case. [read post]
17 Jan 2024, 5:35 pm by Kevin
” That isn’t quite true, but the reality is bad enough. [read post]
17 Jan 2024, 5:35 pm by Kevin
” That isn’t quite true, but the reality is bad enough. [read post]
8 Jan 2024, 4:00 am by jonathanturley
’” The Biden Administration has called for the censorship of even true statements that it deems misleading. [read post]
5 Jan 2024, 9:46 am by Tobin Admin
” And the term “crime” as it is used in the statute encompasses a violation of the Uniform Rules of the Road, such as misdemeanor traffic violations. [read post]
These uniformed lawyers are not in the accused’s or victim’s chain of command, specifically to bolster independence, both real and perceived, from command pressures. [read post]
3 Jan 2024, 7:06 am by Herrman & Herrman, P.L.L.C.
As a result, we now have a better understanding of the true risks involved in amusement rides – and those risks are no laughing matter. [read post]
2 Jan 2024, 3:58 am by Dan Harris
If this is not true, and the factory subsidiaries are highly independent, Option One will usually not be ideal from a practical management standpoint. [read post]
30 Dec 2023, 5:14 pm by Ben Vernia
The complaint alleges that Insect Shield and Lane falsified the results of its permethrin testing to conceal failing test results, including by inappropriately combining results from different rounds of testing, re-labeling test samples to hide the true origin of the samples and performing re-tests of uniforms in excess of what the contract permitted [read post]
23 Dec 2023, 12:01 pm by Eugene Volokh
This isn't a uniform view, and the Supreme Court hasn't endorsed (or rejected) it, but it's the majority view (see Anti-Libel Injunctions). [read post]
21 Dec 2023, 6:06 am by Elise Baker
The Israel-Hamas war has witnessed an astounding number of attacks on medical facilities, medical transport, and health workers, the vast majority by Israeli forces. [read post]
15 Dec 2023, 9:00 am by Stuart N. Brotman
 When chants of “Kill the Jews” are made during demonstrations on Penn’s campus or elsewhere, they would not be considered as just angry words but rather as “true threats. [read post]
13 Dec 2023, 7:47 am by Joel R. Brandes
CPLR § 2106 also provides: ”(b) The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit. [read post]