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18 May 2017, 8:00 am by Orin Kerr
Jones, 614 F.3d 423, 435 (7th Cir. 2010) (“We will reverse a district court’s finding of voluntary consent only if it is clearly erroneous. [read post]
17 May 2017, 9:01 pm by Sherry F. Colb
Even if the evidence plainly supported a conviction, racist juries would acquit the defendant in defiance of a just law whose application they did not like.Less offensive but also problematic are acquittals that result from juries’ feelings about the defendant. [read post]
16 May 2017, 10:24 am by Dennis Crouch
United States, 323 F.3d 1035, 1040 (Fed. [read post]
16 May 2017, 8:03 am by Josh Blackman
To make this point even more explicitly, the Secretary of Defense had just taken an oath to support and defend the Constitution, as did the Vice President, as did every officer in the room. [read post]
16 May 2017, 7:30 am by Peter Margulies
Wall declined to countenance any restriction in the power that Congress had delegated to the President under § 1182(f). [read post]
16 May 2017, 7:15 am by Jane Chong
Clearly uncomfortable, Wall is quick to assert that he would not defend Korematsu, but doesn't provide a satisfying answer to Judge Paez, who is clearly searching for a limiting principle: specifically, for a principled distinction between not looking at executive intent in this case, as argued by the government, and being able to examine intent in a case like Korematsu. [read post]
16 May 2017, 5:47 am by Jessica C. Diamond
Step Two, S.A., 318 F.3d 446 (3d Cir. 2003), which held that a defendant’s intentional interaction with the forum state via the internet is sufficient to confer jurisdiction. [read post]
12 May 2017, 11:39 am by Eric Goldman
” Thus, the supreme court upheld the defendant’s conviction of attempted fifth-degree criminal sexual conduct based on his act of masturbating in a truck parked near a playground where children were playing, even though the children did not actually view the defendant’s conduct. [read post]