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17 Mar 2016, 2:45 am by Dennis Crouch
The opening paragraph spells out the case: This “groundbreaking” case, as Petitioner describes it, has been going on, unjustifiably and unconstitutionally, for nearly three years now – all because Petitioner has refused to admit or accept that its state law claims against MPHJ are preempted by federal law, barred by the First Amendment “right to petition” clause, and that Congress has decided that federal preemption questions involving the… [read post]
14 Sep 2009, 2:50 am by Guru Immigration
The term “smuggling” makes it seem as though the immigrant committed a very serious act, but actually, it includes acts such as “encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law. [read post]
20 Feb 2008, 1:46 pm
United States (available here) arises from the requirement in 21 USC 851(a) that, in order to enhance certain drug offenses based on the defendant’s prior convictions, the government must provide notice to the defendant “before trial. [read post]
Maynard (striking down New Hampshire’s requirement that cars in the state bear license plates that include the state’s “Live Free or Die” motto); Miami Herald Pub. [read post]
17 Aug 2010, 2:14 pm
Depending on how those proceedings turn out, we could have either (a) a Ninth Circuit opinion -- whether by three judges or by the Court en banc, it does not matter -- laying down the law for the entire Ninth Circuit on same-sex marriages, or (b) a Supreme Court decision doing the same for the entire United States. [read post]
1 Apr 2016, 10:22 am by John Elwood
United States case, 15-537. [read post]
31 Jul 2014, 7:54 am by Steve Vladeck
Consider in that regard the Supreme Court’s Rule 19, which not only provides wholly different procedures for cases in which a question has been certified by a Court of Appeals, but also stresses that “When a question is certified by a United States court of appeals, this Court, on its own motion or that of a party, may consider and decide the entire matter in controversy. [read post]
8 Jul 2008, 7:03 pm
Instead, the court of appeals relied on the Court's decision in United States v. [read post]
29 Jun 2018, 11:53 am by Edith Roberts
The petitioner had argued that the “statute is unconstitutional because it does not also require the State to prove the property owner knew or should have known of the illegal conduct. [read post]
9 May 2017, 2:17 pm by Steve Vladeck, Benjamin Wittes
In light of those immunity doctrines and the unique structural role and constitutional status of the President of the United States, the Court concluded that Nixon was “entitled to absolute immunity from damages liability predicated on his official acts. [read post]
9 Feb 2015, 7:10 pm by Angelo A. Paparelli
ABIL, AILA and the Council urged the Department of State (DOS or State) and U.S. [read post]
10 Aug 2020, 2:24 am by Schachtman
In addition to the temporal disconnect, the majority gave virtually no consideration to the three-way relationship between the product supplier defendants, the plaintiffs, and the plaintiffs’ employer, the United States government. [read post]
23 Jun 2009, 7:00 am
 The City prevailed on all issues but the general plan consistency issue pertaining to whether or not the City properly “coordinated” with the United States Fish and Wildlife Service. [read post]
26 Jun 2014, 8:12 am by Peter Menell and David Nimmer
By 1976, the number of cable systems had grown to over three thousand systems servicing over ten million homes throughout the United States. [read post]
3 Mar 2011, 3:14 am by SHG
Petitioner Albert Snyder is not a public figure. [read post]
22 Jun 2010, 7:45 am by Jay Willis
Texas, which is also slated for argument next Term (disclosure:  Akin Gump and Howe & Russell represent the petitioner in Sossamon) may make the upcoming Term “the bellwether for the Roberts Court when it comes to either following or retreating from the Rehnquist Court” on issues relating to state sovereign immunity. [read post]
23 Jan 2011, 8:25 pm by Kelly
(PatLit) United States US General USPTO launches websites to discuss patent and trademark procedures (inovia) US Patent Reform Will patent reform come up in a big way in the 112th Congress? [read post]