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9 Oct 2019, 9:01 pm by Vikram David Amar
S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may [even today], if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. . . . [read post]
9 Jan 2014, 7:53 pm by Benjamin Wittes
Court of Appeals for the Second Circuit, however, ruled that the amended statutes could withstand constitutional scrutiny, if the government confined itself to a procedure which requires (1) notice to the recipient of its option to object to a secrecy requirement; (2) upon recipient objection, prompt judicial review at the government’s petition and burden; and (3) meaningful judicial review without conclusive weight afforded a government certification of risk. [read post]
13 Mar 2012, 12:28 am by Stan
The court didn’t buy this argument, saying that use of a logo by staff in this way did not constitute a commercial use. [read post]
13 Apr 2017, 8:12 am by Ronald Collins
I must add that all judges rely on history to construe the Constitution, but they also use precedent and other sources, including current values. [read post]
26 Aug 2024, 5:38 am by Ambrosio Rodriguez
A lawyer can use evidence of police misconduct and violation of rights to petition the court for a dismissal or for evidence to be inadmissible in court. [read post]
10 Sep 2010, 8:35 am by Matt Conigliaro
After the zoning board upheld the fine, Kuvin appealed through a circuit court certiorari petition claiming both ordinances violated his constitutional right to association and were unconstitutionally vague and arbitrary, as well as selectively enforced. [read post]
3 May 2016, 12:01 pm by Jason Rantanen
Patentees’ have even complained that the filing of individual IPR petitions has affected their stock prices. [read post]
22 Jan 2019, 9:01 pm by Michael C. Dorf
” Did the homework undertaken by the Department of Homeland Security, the State Department, and various US intelligence agencies purge the taint of Trump’s religious animus? [read post]
15 Sep 2008, 8:29 pm
U.S. 1st Circuit Court of Appeals, September 10, 2008 US v. [read post]
23 Feb 2016, 4:24 am by Helen Klein
Mohammed Jawad was arrested in Kabul in December 2002 by Afghan security forces responding to the scene of a grenade attack on US military personnel. [read post]
9 May 2014, 6:36 pm by Brian Shiffrin
 The factors which are used to secure a defendant's appearance are different from those which effectively sentence him to 9 months or a year without trial. [read post]
11 Jan 2021, 8:07 am by Eric Goldman
The software vendor unsuccessfully sought certiorari from the US Supreme Courti. [read post]
11 Dec 2014, 2:00 pm by John Elwood
A similar recent petition can be seen here. [read post]
14 Mar 2008, 3:00 am
The constitutional privilege against self-incrimination under the Fifth Amendment to the United States Constitution is typically associated with parties in a criminal action. [read post]
19 Dec 2019, 4:30 pm by Jacob Sapochnick
Moreover, only those registrations selected during fiscal year 2020 and on, would be eligible to file a paper H1B cap petition. [read post]
17 Apr 2021, 10:22 am by Ambrosio Rodriguez
This initiative was challenged in court and the California Supreme Court held that while Constitutional, the requirements to speed up the process are a directive and not mandatory. [read post]
23 Apr 2013, 6:11 pm by Lyle Denniston
The Court granted review of the Michigan petition on January 18. [read post]
17 Apr 2021, 10:22 am by aerlawnew4
This initiative was challenged in court and the California Supreme Court held that while Constitutional, the requirements to speed up the process are a directive and not mandatory. [read post]
21 Nov 2007, 10:38 am
The Wendts first assert there is no good faith exception to the exclusionary rule under the Indiana Constitution. [read post]