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24 Jul 2012, 9:31 pm by Steven G. Pearl
Interestingly, in its introduction, the Court stated: "We hold the provision is unconscionable and unenforceable under Armendariz v. [read post]
6 Jan 2022, 9:42 am by NARF
State of Alaska (Indian Child Welfare Act) Martinez v. [read post]
24 May 2013, 8:35 am by Rick Hills
Constitution's "non obstante" phrase in Article VI ("any Thing in the Constitution or Laws of any State to the Contrary notwithstanding") is a term of art intended to eliminate the canon against implied repeal that might otherwise induce courts to strain to save state laws from preemption by federal laws. [read post]
3 May 2022, 9:01 pm by Sherry F. Colb
United States as conferring constitutional status on the warnings and the associated exclusionary rule. [read post]
31 May 2011, 9:11 pm by Jonathan Zasloff
  Worse on law and policy, because it would indicate that standing for states under Massachusetts v. [read post]
13 Sep 2020, 11:07 am by Eric Goldman
Yet, for the same reasons discussed in the preceding section on Plaintiff’s state law claims, CDA immunity for Plaintiff’s federal law TVPRA claim is not warranted at this stage. [read post]
19 Nov 2009, 5:00 am
This is the first in a series of posts on United States v. [read post]