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4 May 2016, 5:25 am
Over the past months, the Court of Justice of the European Union (CJEU) has had to open three different files in this regard, with one glorious EU country (Poland), and a couple of UK judges seeking clarification as to the lawfulness of the Directive under different standpoints [Cases C-358/14, Poland v Parliament and Council; C-477/14, Pillbox 38(UK) Limited v Secretary of State for Health; and C-547/14, Philip Morris Brands SARL and Others v Secretary of… [read post]
11 Oct 2020, 6:30 am by Sandy Levinson
  This is just the way the “state unit” system works, whatever the Supreme Court had suggested in Gray v. [read post]
16 Jun 2017, 11:00 am by The Public Employment Law Press
The Plausibility StandardIrrera v Humpherys, USCA, Second Circuit, Docket #16-2004 The Plausibility Standard was addressed the United States Supreme Court in Ashcroft v. [read post]
10 Jul 2015, 5:43 am by Timothy P. Flynn
He then cited to some of the landmark cases involving homosexuality such as Bowers v Hardwick [the 1986 case that upheld Georgia's criminalization of certain homosexual acts]; Lawrence v Texas [the 2003 decision overruling Bowers]; and of course, United States v Windsor [striking down as unconstitutional the federal Defense of Marriage Act which defined a marriage as solely between one man and one woman in the federal benefits context].Justice… [read post]
19 Jul 2017, 7:36 am by David Markus
”1 Whether or not that may be accurate, a true history of the United States would be incomplete without a history of great political conversations, wherever they might have occurred. [read post]
21 Jan 2020, 9:01 pm by Michael C. Dorf
True, no states had in the interim attempted to rescind their ratifications, but that does not speak to the question whether contemporaneous consensus is needed. [read post]
31 Aug 2023, 5:43 am by jonathanturley
We recently discussed a troubling decision from the United States Court of Appeals for the Fourth Circuit in Porter v. [read post]
12 Mar 2012, 6:04 am by Sean Wajert
Merck & Co., was filed in the United States District Court for the Middle District of Tennessee. [read post]
23 Dec 2013, 4:03 pm by John Bellinger
   This will allow plaintiffs to argue that their claims somehow “touch and concern” the territory of the United States with sufficient force to overcome the presumption against extraterritoriality announced in Kiobel. [read post]
11 Aug 2016, 7:21 am by Brian Toth
” But—as seen by this decision—the word “issue” is still quite frequently used.Regarding motions to dismiss, the Supreme Court of the United States nearly a decade ago famously wrote that that the “no set of facts” standard described in Conley v. [read post]