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8 Dec 2022, 6:06 am
I shall recall the case law. [read post]
5 Dec 2022, 11:25 am
I. [read post]
4 Dec 2022, 5:20 am
Yet the privilege does not cover entering into an attorney-client relationship or engaging in particular communications aimed at furthering an ongoing or future crime or fraud. [read post]
2 Dec 2022, 11:53 pm
Circuit does it, it must be right, right?!) [read post]
21 Nov 2022, 5:01 am
Judge Deborah Kunselman dissented, I think correctly (for my views on this, see this article and the discussion in Part III of this follow-up): My learned colleagues in the Majority do not identify any recognized exception to the First Amendment that would apply to Mr. [read post]
20 Nov 2022, 9:55 am
In a separate post, Bowie knife statutes 1837-1899, I provide a state-by-state survey of all state Bowie knife laws through 1899. [read post]
13 Nov 2022, 9:01 pm
Any such argument would be unavailing in light of controlling Supreme Court precedent establishing that a merely procedural right does not suffice to establish Article III standing unless there is some concrete and redressable harm at the end of the process being sought. [read post]
8 Nov 2022, 9:01 pm
”What exactly does “Legislature” mean in this Clause? [read post]
1 Nov 2022, 9:04 pm
Representative John Dingell’s infamous dictum—“If I let you write the substance and you let me write the procedure, I’ll screw you every time”—bears remembering. [read post]
28 Oct 2022, 4:00 am
Madison held unconstitutional a portion of Section 13 of the Judiciary Act of 1789, which was written by Oliver Ellsworth--who was a key player at the Constitutional Convention and apparently approved of the portion of Article III with which John Marshall held Section 13 inconsistent. [read post]
23 Oct 2022, 7:37 pm
” John Schmid, “Whyte Hirschboeck names Eberle chief executive,” Milwaukee Journal Sentinal, Oct 14, 2009. [read post]
9 Oct 2022, 7:22 pm
I. [read post]
4 Oct 2022, 9:11 am
“Does the government consent to the bench trial of Mr. [read post]
30 Sep 2022, 4:13 am
Austin III, the officials said. [read post]
29 Sep 2022, 6:29 am
III. [read post]
27 Sep 2022, 1:09 am
He noted that the WaterRower: (i) is an original object; (ii) is an expression of Mr Duke’s intellectual creation; and (iii) whilst there were some technical constraints, they are not such that the idea and its expression become indissociable. [read post]
27 Sep 2022, 1:09 am
He noted that the WaterRower: (i) is an original object; (ii) is an expression of Mr Duke’s intellectual creation; and (iii) whilst there were some technical constraints, they are not such that the idea and its expression become indissociable. [read post]
26 Sep 2022, 6:30 am
What does the evidence show? [read post]
25 Sep 2022, 8:51 pm
I. [read post]
21 Sep 2022, 1:45 pm
As I and several others have argued many times before, the Espionage Act does not require that information be classified, only that it be “related to the national defense. [read post]
