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16 Sep 2013, 9:51 pm by Josh Blackman, guest-blogging
Many thanks to my good friend Ilya Shapiro for moderating, and Randy Barnett and Jeffrey Rosen for offering excellent commentary (and getting into a bit of a spirited discussion about whether there was any effort to intimidate the Chief Justice). [read post]
16 Sep 2013, 8:03 am by Michael B. Stack
“The Department of Labor has worked diligently with the Office of the United States Attorney for South Dakota to resolve this case and provide justice to the family of this worker. [read post]
16 Sep 2013, 8:00 am
Practice Tip: The United States Judicial Panel on Multidistrict Litigation, also known as the "MDL Panel" or, simply the "Panel," consists of seven sitting federal judges, who are appointed to serve on the Panel by the Chief Justice of the United States. [read post]
15 Sep 2013, 9:00 pm by Rodger Citron
In dissent, Justice Holmes—joined by Justice Charles Evan Hughes, who later served as Chief Justice from 1930 through 1941—argued that the conviction should be set aside because the hostility present in the courtroom during the trial prevented Frank from receiving a fair trial. [read post]
15 Sep 2013, 7:23 pm by Wells Bennett
As we meet for these pretrial proceedings in United States v. [read post]
12 Sep 2013, 9:30 pm by Cass R. Sunstein
  And the President of the United States said, in the mini-constitution that’s Executive Order 13563, that agencies should discuss alternatives -- because they might learn from the process that an alternative that they were not proposing was actually better than the one that they proposed. [read post]
12 Sep 2013, 1:57 pm by Raffaela Wakeman
Also in the Review’s catalog of newfound goofs: the access of system developers to metadata, while testing new system tools; the inappropriate production, by a telecommunications provider, of “foreign-to-foreign” metadata to NSA; the designation, without prior approval of NSA lawyers, of a “few” (less than ten, going by initial NSA estimates) domestic telephone numbers as RAS-approved; and the dissemination of U.S. person-identifying information in NSA metadata reports… [read post]
12 Sep 2013, 1:09 pm by Kirk Jenkins
For those unfamiliar with Illinois practice, in contrast to (for example) the United States Supreme Court, our constitution provides that the Justices themselves elect one of their number to serve a single three-year term as Chief. [read post]
12 Sep 2013, 1:01 pm by Mali Friedman
Additionally, as a practical matter, some service providers already require a search warrant before disclosing stored content to law enforcement based on the Sixth Circuit’s 2010 decision in United States v. [read post]
12 Sep 2013, 4:54 am by Jeff Gamso
  Back in 1803, the great Chief Justice John Marshall explained in Marbury v. [read post]
11 Sep 2013, 2:38 pm by Mark M. Jaycox
What's resulted as a result of FISA Court judges being picked by the Chief Justice of the Supreme Court is a court heavily slanted towards former prosecutors and the eastern part of the United States. [read post]
10 Sep 2013, 9:19 pm by Cass R. Sunstein
  The Office of the United States Trade Representative will have something to say about that rule, especially if it’s legally problematic under international trade law, but also if the rule would compromise our trade relations with those nations. [read post]
10 Sep 2013, 9:19 pm by Stewart Baker
 The bureau knew by then that al Qaeda had terrorists in the United States but it couldn’t use its best assets to find them them because Judge Lamberth had made it clear that he was willing to wreck their careers if they breached the wall. [read post]
10 Sep 2013, 9:01 pm by Paula Mitchell
  The Chief Justice of the California Supreme Court has publicly stated that she predicts it will be three or more years before the state is in a position to carry out any executions. [read post]
10 Sep 2013, 8:06 pm by Robert Chesney
  From 2001 to 2006, he served as an Assistant United States Attorney for the District of Columbia. [read post]
10 Sep 2013, 6:30 pm by Barry Sookman
Rader – United States Court of Appeals for the Federal Circuit Justice Judith Snider – Federal Court of Canada Judge Charles Bullock – Chief Administrative Law Judge, United States International Trade Commission Judge Timothy C. [read post]
10 Sep 2013, 9:58 am by Michael F. Smith
Filburn‘s blessing of the modern regulatory state; Chief Justice Roberts’s discovery within the Affordable Care Act of a “tax” that even its proponent-in-chief disavowed. [read post]
8 Sep 2013, 6:01 pm by Josh Blackman, guest-blogging
Why on earth “would it have looked bad” for the Solicitor General to be involved in the most important case the United States has argued in a decade, where the entire DOJ was coordinating a defense from day one? [read post]