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9 Apr 2020, 9:01 pm
If all (or nearly all) of the instances reached by a federal statute involve actions by states that violate Fourteenth Amendment rights to due process, it shouldn’t matter how often those instances occur. [read post]
21 Feb 2019, 9:01 pm
” This assertion is simply wrong as a matter of current Supreme Court case law. [read post]
17 Jun 2019, 9:01 pm
Notwithstanding these efforts to make a federal case out of the matter, the question of whether a state can require, forbid, or permit state and local governmental assistance to the feds in immigration enforcement is really up to each state and its own laws. [read post]
29 Jun 2017, 9:01 pm
. because the matter was an intra-branch dispute between a subordinate and superior officer of the Executive Branch. [read post]
23 Sep 2020, 9:01 pm
Many people, quite rightly, associate her primarily with the law of gender equality—both as a constitutional and statutory matter, and both for her time as a lawyer and her service on the bench. [read post]
31 May 2018, 9:01 pm
But even as the lawsuit seeks to attach some legal flesh onto the political bones of the dispute, the litigation also highlights two recurring problems with the debate so far: (1) the term “sanctuary” is too broad, as a legal matter, insofar as it is used as an umbrella to cover many state and local actions that are very different (legally speaking) from one another; and (2) the legal positions advanced by the federal administration and ambitious states like California are both… [read post]
8 Oct 2015, 9:01 pm
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
24 Jan 2019, 9:01 pm
But neither of those observations addresses the key question in this case: what, if anything, in the federal Constitution interferes with a state’s control over its subdivisions, which control is ordinarily a matter reserved for state law? [read post]
27 Dec 2018, 9:01 pm
There is good authority (at least in the US Courts of Appeals) that “shall issue” means “must issue,” and since Governor Ducey has failed to start the vacancy-filling election machinery by issuing election writs, he has flouted his responsibilities under the plain language of the Amendment.Whether, when he does issue election writs, he can abide by the November 2020 date for a vacancy-filling election embodied in Arizona law is a tougher matter. [read post]
19 May 2016, 9:01 pm
It should also be obvious that, in an operation as far-flung as the federal government, deciding what the precise contours of particular appropriations laws are—and whether the executive branch’s expenditures fall within them—can be very complicated and statute-specific business.When the case goes up the appellate ladder, these questions may consume a great deal of time and attention, but only if the higher courts first agree with the district court on a threshold… [read post]
23 Jun 2020, 9:00 pm
Under this approach, the decision whether to proceed criminally, and the decision whether and when to defer to executive branch underlings in criminal matters, is one the Constitution commits to the President.But it turns out that the recent dispute over the U.S. [read post]
11 Nov 2009, 7:41 am
Tuscan also submitted an opposing affidavit of a Kathy Weaver, the human resources manager of Dean NE, LLC, which purportedly was associated with Tuscan. [read post]
11 Sep 2019, 9:01 pm
Of course, the North Carolina Supreme Court could conceivably overrule the lower state courts’ understanding of North Carolina law, but it appears that the State Attorney General does not plan a state supreme court appeal, leaving Lewis as the final word on this matter, for now, in the state.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law on the Urbana-Champaign… [read post]
3 Jul 2012, 3:20 am
But proving it, confronting the witness on the stand with the fact that a promise was made, a deal cut, is another matter. [read post]
30 Mar 2007, 11:37 am
" Phyllis Dean v. [read post]
21 Feb 2013, 9:01 pm
The Ways of Presidential Commissions Are Not Encouraging Presidential commissions have a well-earned reputation for being a place to send problems that truly need attention and fixing when neither Congress nor the president is politically capable of resolving the matter. [read post]
10 Jun 2011, 2:27 pm
Gardner | Dean of Students The University of Chicago | The Law School [read post]
21 Feb 2017, 8:29 am
Though the Supreme Court has not always broken into traditional conservative and liberal blocs in federal sentencing cases, the more liberal justices will likely be drawn to Dean’s claims, while the more conservative justices will likely see matters the government’s way. [read post]
25 Apr 2024, 1:49 pm
The post Course Registration: Why Legal Research appeared first on Mendik Matters. [read post]
19 May 2024, 11:13 am
The post Reminder: Course Registration: Why Legal Research appeared first on Mendik Matters. [read post]
