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28 Aug 2014, 9:01 pm by Vikram David Amar
If these super-important matters can admit of a “mix and match” approach (Justice Liu’s term) that makes use of both legislative vetting and popular approval, why wouldn’t the same be true for other, less important, matters? [read post]
The analysis ignores critical legal distinctions or assigns substantive meaning to facts that should not matter. [read post]
18 May 2017, 9:01 pm by Vikram David Amar
So whether or not conduct has to be similar in kind to treason and bribery to be impeachable, it—as a matter of constitutional text—ought to similar in height, or gravity. [read post]
23 Feb 2024, 4:36 am by Beatrice Yahia
“We will take this matter to the U.N. [read post]
17 Jul 2015, 5:28 am
This post examines a recent opinion from the Court of Special Appeals of Maryland:  Baker v. [read post]
6 Jul 2017, 12:29 pm by Matthew Kahn
Defense counsel Adam Thurschwell wants to put two matters on the record. [read post]
25 Apr 2009, 4:50 am
Consequently, the court could not determine as a matter of law that XL's prior knowledge exclusion should supercede its own severability clause. [read post]
19 Feb 2019, 2:21 pm by Patricia Hughes
’s “multi-factored analysis”, as he put it, saying that four of the factors are required by section 162(1) (location, subject matter, purpose, awareness or consent) and the other five (whether the conduct was observation or recording, its manner, existence of rules, relationship and personal attributes) “are ones properly considered in the determination of a fit sentence once a conviction has been entered, rather than in the definition of the offence” (SCC,… [read post]
3 Nov 2014, 3:05 am
  The first speaker of the third session was former guest Kat Darren Meale, who brought the audience into the wonderful world of designs, considering the Utopia beer glass case, the CJEU's rulings in Karen Millen v Dunnes Stores and Gautzsch, not forgetting the Court of Appeal for England and Wales's decision in Trunki. [read post]
5 Mar 2020, 6:44 am by John Jascob
The CFTC filed the complaint in the Northern District of Illinois and the matter was assigned to Judge Robert Blakey. [read post]
14 Feb 2009, 11:56 am
Gibson Dunn also expects the Supreme Court to enter the debate over Rule 23. [read post]
7 Jul 2015, 9:01 pm by Vikram David Amar
Indeed, Justice Ginsburg went out of her way to decide the Arizona matter on the basis of a broad constitutional reading of “Legislature” in the Elections Clause, when she very well could have simply held that a congressional statute on the books authorized the Arizona voters to do what they did. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
It should also be obvious that, in an operation as far-flung as the federal government, deciding what the precise contours of particular appropriations laws are—and whether the executive branch’s expenditures fall within them—can be very complicated and statute-specific business.When the case goes up the appellate ladder, these questions may consume a great deal of time and attention, but only if the higher courts first agree with the district court on a threshold… [read post]
5 Dec 2013, 9:01 pm by Vikram David Amar
A Key Question:  The Scope of State Legislative Power Under Article I, Section 4 With those caveats, let us turn to the heart of the matter, namely, whether a state legislature can be allowed to nominate a candidate for federal legislative office and direct that candidate’s name be placed on the general election ballot bearing the designation “State Legislative Candidate. [read post]
30 Oct 2012, 1:56 am by Andrew Lavoott Bluestone
.'s motion for summary judgment, concluding that J.C. established its prima facie entitlement to judgment as a matter of law, and that Lowe failed to raise a triable issue of fact in opposition. [read post]
17 Jun 2019, 9:01 pm by Vikram David Amar
Notwithstanding these efforts to make a federal case out of the matter, the question of whether a state can require, forbid, or permit state and local governmental assistance to the feds in immigration enforcement is really up to each state and its own laws. [read post]
4 May 2016, 4:47 pm by Robichaud
  This comes with the caveat that you must ensure you meet your obligations set out in Browne and Dunn, i.e., confronting relevant witnesses on evidence that you intend to introduce through other means, when they have the ability to do so. [read post]
29 Jun 2017, 9:01 pm by Vikram David Amar
 . because the matter was an intra-branch dispute between a subordinate and superior officer of the Executive Branch. [read post]