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8 Jun 2015, 4:25 am by Amy Howe
United States, involving the prosecution of threats made on Facebook. [read post]
5 Jun 2015, 9:33 am
John Marshall (the third Chief Justice): If the government of the United States “were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. [read post]
4 Jun 2015, 8:57 am by Allison Tussey
Preet Bharara, the United States Attorney for the Southern District of New York, Philip Bartlett, the Inspector-in-Charge of the New York Division of the U.S. [read post]
4 Jun 2015, 6:56 am by Amy Howe
United States, involving the prosecution of threats made on Facebook, “turned out to be one of those narrow decisions that Chief Justice John Roberts Jr. has touted as the way to achieve greater unanimity. [read post]
4 Jun 2015, 3:00 am by NCC Staff
The United States, which made wiretapping by state and federal investigators subject to warrant requirements. [read post]
2 Jun 2015, 11:41 am by J. Bradley Smith, Esq.
“Federal criminal liability,” wrote Chief Justice John Roberts for the high court’s majority in Elonis, “does not turn solely on the results of an act without considering the defendant’s mental state. [read post]
2 Jun 2015, 5:21 am by Timothy P. Flynn
As such, his lawyers asserted Elonis was cloaked with the protection afforded by the First Amendment's free speech clause.The United States Attorney, on the other hand, asserted that the FB posts were clear threats and that alone is sufficient to support a conviction under the threat law, regardless of Elonis' state of mind; his mens rea. [read post]
2 Jun 2015, 3:22 am by Steve Vladeck
Indeed, even the more nuanced argument–that, as Secretary of the Judicial Conference of the United States, they’re speaking on behalf of that body (which, by law, speaks for the courts on certain pending legislation and other matters when appropriate), is belied by then-Chief Judge Kozinski’s rather… blunt… August 14 letter to the Senate Judiciary and Intelligence Committees, in which he made quite clear that, as a member of… [read post]
2 Jun 2015, 3:00 am by Steve Vladeck
Indeed, even the more nuanced argument–that, as Secretary of the Judicial Conference of the United States, they’re speaking on behalf of that body (which, by law, speaks for the courts on certain pending legislation and other matters when appropriate), is belied by then-Chief Judge Kozinski’s rather… blunt… August 14 letter to the Senate Judiciary and Intelligence Committees, in which he made quite clear that,… [read post]
2 Jun 2015, 2:49 am by NCC Staff
Chief Justice Roger Taney argued that American Indians, unlike enslaved blacks, could become citizens, under congressional and legal supervision. [read post]
1 Jun 2015, 9:52 pm
Led by Xiao Yang, then the Supreme People's Court chief justice, they pushed the maxim "kill fewer, kill cautiously. [read post]