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23 Sep 2024, 1:18 pm by Jonathan H. Adler
As Judge Stranch explains, prevailing parties under the EAJA are not entitled to fees if "the position of the United States was substantially justified. [read post]
23 Sep 2024, 4:00 am by Administrator
… Borderlines Podcast#125 – Chinese Interference, the United Front, and Visa Delays, with Sam Cooper This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from 1911 which stated that for a period of one year black people would not be permitted to immigrate in Canada because the Canadian government deemed them unsuitable to Canada’s climate. [read post]
18 Sep 2024, 9:28 am by Seth Davis
Circuit published an interesting standing opinion last week: Citizens for Constitutional Integrity v. [read post]
16 Sep 2024, 7:00 am by Ezra Rosser
Energy burden affects millions of low-income households in the United States and contributes to home energy insecurity-experiencing or being at risk of utility disconnection. [read post]
15 Sep 2024, 6:00 am by Lawrence Solum
  For example, the constitutionality of the death penalty under the Eighth Amendment was actively contested by the Justices of the United States Supreme Court, both before and after Furman v. [read post]
13 Sep 2024, 9:30 pm by Karen Tani
  Before the discussion, Clare Cushman will introduce viewers to the Society’s newest publication, An Illustrated Guide to the Supreme Court.The Organization of American Historians is circulating the amicus brief it joined in United States v. [read post]
13 Sep 2024, 3:28 am by SHG
While the “goal,” but never the quota, was to achieve parity between the percentage of black people in the United States and the percentage admitted to any given college, it was based on the assumption that in the absence of discrimination, the percentages would align. [read post]
11 Sep 2024, 5:52 am by Harold Hongju Koh
Sawyer, versus the unilateralist vision of the president as “the sole organ of our Nation in foreign affairs” trumpeted by Justice George Sutherland in United States v. [read post]
9 Sep 2024, 1:25 pm by Eugene Volokh
Finally, Plaintiff also fears threats from the public given the general rise of antisemitic incidents in the United States and, more specifically, the public attention the issue of antisemitism on college campuses has received. [read post]
8 Sep 2024, 6:37 pm by centerforartlaw
”[7] To strip a foreign sovereign of immunity, such suit must involve (1) property taken in violation of international law, and (2)(a) such property must be present in the United States in connection with a commercial activity carried on by the foreign state, or (2)(b) must be possessed by an “agency or instrumentality” of the foreign state that also carries on commercial activity in the United States.[8] When claimants file… [read post]
4 Sep 2024, 9:00 am by Jack Goldsmith
Supreme Court in support of the unsuccessful petition for certiorari in Edgar v. [read post]