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If the government claims, without evidence, that the sterilization is necessary to protect the life of the woman because she is non compos mentis and physically unable to endure a pregnancy, should a court accept that assertion at face value even in the face of evidence that the government’s true (and illegitimate) objective is eugenic, as it was in Buck v. [read post]
1 Aug 2008, 5:03 am
Callahan next term: the wisdom and legality of the order-of-decisionmaking rule the Court prescribed in Saucier v. [read post]
15 Mar 2010, 11:11 am by South Florida Lawyers
While true that “it is not necessary that [a plaintiff] first expose himself to actual arrest or prosecution to be entitled to challenge a statute that he claims deters the exercise of his constitutional rights,” Steffel v. [read post]
28 Aug 2009, 9:41 am
No, but you should probably try to keep your words true, fair and accurately stated. [read post]
3 May 2012, 3:00 am
(credit for 1902 photo of her) It is true that unlike the codification of crimes against humanity or war crimes, the codification of the crime of aggression comes closer to outlawing violence altogether, rather than simply mitigating its more pernicious forms. [read post]
14 Oct 2009, 8:00 am
  In order to establish that demand would be futile, the plaintiff must allege facts that if true establish that the directors are incapable of making an impartial decision regarding the issue in litigation. [read post]
6 Jul 2022, 2:34 am by Matrix Legal Support Service
However, Lord Briggs and Lord Leggatt reject Mr Basfar’s contention that the same is true of the trafficking and exploitation of a domestic worker by a diplomat. [read post]
28 Nov 2014, 9:03 pm by Lyle Denniston
  Arguing for a Pennsylvania man in the case of Elonis v. [read post]