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18 Aug 2023, 4:30 am by Michael C. Dorf
" That language calls to mind the Necessary and Proper Clause of the Constitution's Article I, Section 8, which, since McCulloch v. [read post]
17 Aug 2023, 9:30 pm by ernst
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
16 Aug 2023, 4:55 pm by INFORRM
Resolving the conflict Mostyn J had taken the view in EBK v DLO (above) at [101] that “if a defendant in proceedings governed by FPR Part 37 or COPR Part 21 is found to have committed a contempt then that defendant must be named in open court and in general terms the court must state what is the nature of the contempt of court and what punishment, if any, has been imposed. [read post]
16 Aug 2023, 11:08 am by Bill Marler
Even after the Court’s twisted opinion in Supreme Beef v. [read post]