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6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
5 Feb 2024, 12:08 pm by Kalvis Golde
Miniard 23-444Issue: Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under United States v. [read post]
4 Feb 2024, 4:40 pm by INFORRM
Collins Rice J ruled that a hearing should take place to decide whether the posts were statements of fact or opinion. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
3 Feb 2024, 4:57 am by Mavrick Law Firm
The business judgment rule is a critical feature of the law governing corporations throughout the United States. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
Specifically, it concluded, the presidency is not an “office … under the United States,” and the president is not an “officer of the United States. [read post]