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20 Jul 2013, 10:39 am by Larry Catá Backer
This paper considers societal constitutionalism in its dynamic element—as a system structures constant adjustment among the constituting elements of a governance unit (whether state, corporation, religion, etc.) [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
The posts have also been (very) lightly edited for typos, spelling mistakes, etc. [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
The overwhelming result of all trials ends in a verdict of guilt for the accused and at that point another state official (bailiff, prison warden, parole officer, etc.) is obligated to apply the decision.[9]  However, Dubber clarifies that the reference to the State in the style of cause is not thought to be a requirement for the publicness of a dispute.[10]  He cites German cases that refer simply to the ‘Criminal Case against X’; a… [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
The overwhelming result of all trials ends in a verdict of guilt for the accused and at that point another state official (bailiff, prison warden, parole officer, etc.) is obligated to apply the decision.[9]  However, Dubber clarifies that the reference to the State in the style of cause is not thought to be a requirement for the publicness of a dispute.[10]  He cites German cases that refer simply to the ‘Criminal Case against X’; a… [read post]
29 Nov 2012, 1:23 pm by Bexis
[T]he United States [FDA] requires the tablet manufacturers . . . to account for and warn of a drug’s properties. [read post]
25 Jun 2012, 7:27 am by Ken Shigley
First, it has long been the law in most of the United States that baseball spectators assume the risk of being hit by stray balls. [read post]
8 May 2012, 11:06 am
State Election Commission [AIR 1997 P&H 164], in which the High Court was considering a similar question as to whether the Election Tribunal constituted under the Punjab State Election Commission Act, 1994, had the power to pass an injunction so as to restrain an elected representative from assuming office pending adjudication of an election petition filed against him. [read post]
21 Mar 2012, 3:00 am by Marty Lederman
(For more on this phenomenon, see pages 44-54 of the Government’s brief on severability.) [read post]
4 Mar 2012, 12:47 pm by Rick
One of the earliest examples — demonstrating that even the courts would only grudgingly support the will of the voters — came in the case of People v. [read post]
31 Jan 2012, 7:18 pm
      Corporate VeilIt is as easy to state that the origin of the separate entity principle is often traced to Salomon v Salomon as it is difficult to outline when a court will lift the veil. [read post]
9 Jan 2012, 4:27 pm by INFORRM
’” (Similar sentiments about the role of NGOs can be seen in Steel and Morris v United Kingdom (2005) 41 EHRR 403, [89] and Vides Aizsardz? [read post]
24 Dec 2011, 9:25 am
The Constitution Bench of this Court in Gurbaksh Singh Sibbia and Others v. [read post]
7 Oct 2011, 8:33 am by Kali Borkoski
Neeley v NameMedia Inc, et al (5:09-cv-05151)(11-2558) Is a fully briefed Eighth Circuit appeal that will be ignored by the United States Courts because of being pro se and IFP. [read post]
30 Sep 2011, 11:17 am
The concept of adverse possession was subsequently adopted in the United States. [read post]
12 Aug 2011, 12:25 pm by Rebecca Tushnet
Core passing off injury v. penumbral post-sale, initial interest, etc. confusion. [read post]