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28 Jun 2021, 9:01 pm
By way of judicial remedy, then, the plaintiffs ask a declaration that the legislature’s plan is unconstitutional and an order—styled as a writ of mandamus, which is a directive to government officials to perform ministerial tasks, that is, tasks over which they have no discretion—directing the state defendants to take the necessary steps to create, right now, the bipartisan commission so it can begin working on a new plan. [read post]
30 Nov 2007, 8:00 am
They understood land, and they understood territory.See Kal Raustiala, The Evolution of Territoriality in U.S. [read post]
2 Nov 2020, 10:31 am
But the fears expressed by commentators in recent days about Trump’s potential swan-song days in office (see here, here, here and here, for example) are different in kind, not just in scale, from the anxieties of the past. [read post]
12 Jan 2021, 7:20 am
There’s nothing related to the U.S. election. [read post]
30 Dec 2010, 4:11 pm
Keefe, 402 U.S. 415, 419-20 (1971), in overturning a preliminary injunction against leafleting on First Amendment grounds, “No prior decisions support the claim that the interest of an individual in being free f [read post]
1 Jul 2015, 7:34 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and related cases.[6]” The court in Ladd Furniture v. [read post]
21 Mar 2012, 3:00 am
My objectives here are simply to provide a better understanding of the primary issues that are joined in the Court and, in particular, to better explain for Balkinization readers the nature of the arguments upon which the government is relying—arguments that tend to become lost or obscured in the noise of the public debate.Subject to some exceptions, section 5000A of title 26 of the U.S. [read post]
27 Oct 2013, 9:55 pm
Davis, 510 U.S. 1315 (1994): For many years it has been clearly established that “any prior restraint on expression comes to this Court with a ‘heavy presumption’ against its constitutional validity. [read post]
28 Oct 2022, 6:32 am
Uyeda, U.S. [read post]
20 Feb 2009, 7:51 am
And in any event, the court held, the State had express authority to alienate ceded land from the public trust. [read post]
18 Feb 2018, 7:45 pm
It also contended that the worldwide order would violate the principle of comity and rights of freedom of expression. [read post]
3 Mar 2023, 6:05 am
The U.S. [read post]
14 Jun 2022, 6:30 am
In Texas, that is the only aspect of direct democracy. [read post]
27 Feb 2019, 8:06 pm
Prosecutors have already alleged that Cohen “acted in coordination with and at the direction of” Trump himself in making those payments. [read post]
10 Apr 2018, 2:40 pm
In both cases, however, the traditional focus of corporate responsibility has focused on the relationship between an operating company and its direct effects on individuals, society, and the environment. [read post]
12 Dec 2011, 4:00 am
Grokster, is promoting the use of a product or service to infringe, “as shown by clear expression or other affirmative steps taken to foster infringement. [read post]
30 Jun 2010, 2:55 pm
By my count, the U.S. [read post]
17 Oct 2023, 5:15 am
Parties to the conflict must distinguish between the civilian population and combatants and between civilian objects and military objectives and shall direct their operations only against military objectives. [read post]
4 Oct 2010, 7:42 am
U.S. [read post]
