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The Iowa Supreme Court upheld the decision in Gacke and found that the three prong test was still applicable. [read post]
28 May 2019, 2:00 am by DONALD SCARINCI
Supreme Court held that Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States. [read post]
24 May 2019, 11:30 am by John Ross
She recants, but a state court determines the recantation was not credible, and the Colorado Supreme Court declines to order a new trial. [read post]
22 May 2019, 6:16 am by Kevin Kaufman
In practice, though, many states fall short of this ideal due to historical accident or policy decisions to exempt certain classes of goods It is worth watching to see how the U.S Supreme Court’s recent decision in South Dakota vs. [read post]
21 May 2019, 5:13 am by Thaddeus Mason Pope, JD, PhD
   The Montana Supreme Court decided Baxter v Montana in 2009, opening the door to the practice of MAID in Montana, in a manner that left the legislature latitude to regulate or prohibit it. [read post]
13 May 2019, 6:00 am by Guest Blogger
  On the human rights front, Americans confronted and eliminated de jure racial discrimination in employment and academia between 1948 and 2019; the U.S. recognizes a federal constitutional right to same sex marriage unlike the European Court of Human Rights; the Supreme Courts of India, Japan, Indonesia, and South Korea in a world where Russia, China, and all Islamic countries persecute LGBTQ people. [read post]
28 Apr 2019, 5:44 am by Marci A. Hamilton
Instead, let’s look at this as a children’s rights issue as the Supreme Court stated so eloquently in the quote from the Prince opinion above. [read post]
19 Apr 2019, 6:59 am by Aurora Barnes
Montana Department of Revenue 18-1195 Issue: Whether it violates the religion clauses or the equal protection clause of the United States Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools. [read post]
17 Apr 2019, 8:46 am by Matthew L.M. Fletcher
However, there are cases where tribal interests painfully and dramatically suffer under the Supreme Court’s interpretation of the Fifth Amendment. [read post]
14 Apr 2019, 6:46 pm by David Super
       Advocates of Court-packing implicitly maintain that the Supreme Court is the most important policy-making institution in the country and that public policy is dominated by its pronouncements. [read post]
5 Apr 2019, 2:48 pm by Thaddeus Mason Pope, JD, PhD
The Montana Supreme Court was right to agree and today the Senate Judiciary Committee voted against HB 284 to support what my father advocated so hard for. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Each case, he wrote, stood for “the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Each case, he wrote, stood for "the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. [read post]
26 Mar 2019, 6:44 am by Kevin Kaufman
Other states offer a state sales tax rate below the general rate. [read post]
24 Mar 2019, 4:29 am by SHG
It undermines the principle of “one person, one vote,” affirmed in 1964 by the Supreme Court in Reynolds v. [read post]
21 Mar 2019, 1:30 am by Thaddeus Mason Pope, JD, PhD
Therefore, North Carolina is in the same position as Montana, even without a state supreme court judgment. [read post]
18 Mar 2019, 5:52 pm by Eugene Volokh
The statute doesn't require that the defendant knew the statement was false or likely false, and is thus inconsistent with Supreme Court precedent.So U.S. [read post]