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9 May 2007, 5:25 pm
Dabney's Vornado case:The divergence between the Federal Circuit's and this Court's precedents is so extreme that one recent commentator made what can only be described as an unusual observation following this Court's 2002 ruling in Holmes Group, Inc. [read post]
9 Apr 2008, 3:29 am
And Tazewell County began a pretrial diversion program through its state's attorney's office in 1974, long before the term "therapeutic jurisprudence" was coined.Today, according to State's Attorney Stewart Umholtz's web-site, Tazewell's deferred prosecution program "continues to supervise non-violent adult misdemeanor and felony first offenders that are screened by the… [read post]
19 Jul 2014, 12:00 am
This growing awareness of the criminal justice system's fallibility is hard to square with Justice Antonin Scalia's shocking observation in a 2009 case: "The Court has never held that the Constitution forbids the execution of a convicted defendant who has a full and fair trial but is later able to convince [another] court that he is ';actually' innocent. [read post]
19 Jul 2014, 12:00 am
This growing awareness of the criminal justice system's fallibility is hard to square with Justice Antonin Scalia's shocking observation in a 2009 case: "The Court has never held that the Constitution forbids the execution of a convicted defendant who has a full and fair trial but is later able to convince [another] court that he is ';actually' innocent. [read post]
6 Mar 2022, 6:30 am
The analysis provides an important context for Professor Tushnet's famed analysis of the Supreme Court that concluded justices have no special talent for discerning fundamental principles. [read post]
29 Dec 2008, 8:12 pm
As Judge Irving Younger observed in People v. [read post]
28 Oct 2021, 10:29 am
" Olsen obliquely references the now-repudiated and widely ridiculed Macomber decision -- a Lochner-era Supreme Court case that I discuss at some length in today's Verdict column, and which I predicted almost three years ago could be revived by the Court's conservatives to block something exactly like Wyden's bill. [read post]
14 Aug 2024, 8:18 am
From Judge Neeti Pawar's opinion in People v. [read post]
8 Jan 2009, 5:25 am
To download a copy of the Court of Appeals' decision, please use this link: People v. [read post]
13 Aug 2019, 5:32 am
A good historic example of this is the drive to standardize voting machines in the wake of the Supreme Court's decision in Bush v Gore. [read post]
23 Nov 2014, 12:23 pm
But that authority to legalize the enterprise of the application of the rules through which popular government is ordered, and empowered, by the people, remains a contentious issue. [read post]
4 Sep 2024, 12:16 pm
Second, the Supreme Court’s recent decision in United States v. [read post]
6 Sep 2022, 5:01 am
Traditionalism in the 2021 term: I've detailed the extensive use of this method across the domains of constitutional law in previous work, but in this article one of my objects was to locate it in the Supreme Court's most recent term. [read post]
22 Jul 2024, 6:36 pm
Anyone hoping that the Supreme Court's Rahimi decision (which I analyzed here) would represent a roll-back in recognition of Second Amendment rights must be in for a surprise with the Eighth Circuit's decision in Worth v. [read post]
12 Sep 2018, 7:27 pm
I won't rehearse all of the arguments that I've made over the years, but I do have a few observations about David's posting.First, I think it's fair to say that we agree that the 1787 Constitution was (indefensibly?) [read post]
4 Apr 2023, 10:02 am
" One theory is that he is auditioning for the Supreme Court. [read post]
3 Mar 2011, 7:10 am
The language from Judge Moon's decision is actually slightly more dangerous than that of Judge Kessler's decision. [read post]
12 May 2022, 11:14 am
After all, Trump has done nothing but continue to alienate people since November 2020, holding weird rallies and sending out nasty messages (including a bizarre attack on the people that he hates that began as a Mother's Day post). [read post]
17 Jul 2017, 6:46 am
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
17 Jul 2017, 6:46 am
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
