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10 Jul 2021, 12:18 pm by Eugene Volokh
FAIR, 2005 WL 2347167, *7. [170] 496 U.S. 226 (1990). [171] 547 U.S. at 65 (quoting Mergens, 496 U.S. at 250 (plurality opin.) and a similar passage in id. at 268 (Marshall, J., concurring in the j [read post]
23 Oct 2013, 11:48 am by Cynthia L. Hackerott
The district court found that the hospitals were covered federal subcontractors because they had contracts with an HMO to provide medical products and services covered by the HMO under the HMO’s contract with the US Office of Personnel Management OPM to provide medical coverage to US government employees. [read post]
19 Jun 2024, 5:47 am by Robin E. Kobayashi
As with any use of expert witnesses, counsel must establish the proper foundation for the use of expert testimony. [read post]
12 May 2010, 1:59 pm by Danielle Citron
  Peter Singer has marshaled extensive evidence that robots may skew individual and military priorities in some instances. [read post]
3 Mar 2014, 11:10 am by Barry Sookman
Some judges outside of New York agree with him that the US performance right covers the transmissions made to the public by such systems. [read post]
17 May 2023, 4:54 am by Michael C. Dorf
 Blackacre shall be used as a toxic waste disposal site.A.2. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
Our Presidents have frequently used that power to espouse the principles of religious freedom and tolerance on which this Nation was founded. [read post]
25 Mar 2019, 5:20 am
  For some of us, this premise substantially reduced the utility of analysis—especially where the object is, as in the case of some of the discourse, the management of production chains (or the economic activity connected therewith. [read post]
18 Sep 2020, 6:13 pm by Anthony D. Romero
Using her gifted mind, honed by indefatigably hard work, she has used the law, always carefully, always defensibly, for all of those left at the margins, for want of a lawyer or a judge with the brilliance and commitment to pull them mainstream. [read post]
22 Nov 2022, 5:27 pm by Anna Bower
At the hearing, court marshals policed a de facto media blackout. [read post]
25 Jan 2018, 6:00 am by Russell Spivak
Verdugo-Urquidez (itself citing Justice John Marshall Harlan’s concurrence in Reid v. [read post]
25 Jan 2018, 6:00 am by Russell Spivak
Verdugo-Urquidez (itself citing Justice John Marshall Harlan’s concurrence in Reid v. [read post]
3 Aug 2024, 6:30 am by Guest Blogger
LaCroix adds depth to the history of the cases and ideas she analyzes by tracing personal, family, and locational networks, and digging into the records of the oral arguments, as well as case files and original primary documents—for example, uncovering a twist in John Marshall’s circuit opinion in The Brig Wilson by examining interlineations in his handwritten draft opinion. [read post]
In bringing that experience to the court, she may well do what her predecessor, Thurgood Marshall, often did: educate his colleagues by using his experience to broaden and enrich theirs, so that they could gain some measure of understanding of the lives of people they had rarely or never encountered. [read post]
20 Apr 2017, 9:01 pm by Vikram David Amar
Maryland case, Chief Justice John Marshall, in striking down a tax Maryland targeted at a valid federal entity, the national bank, observed that the “power to tax involves the power to destroy. [read post]