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The existence of a countervailing public policy, like the question of whether a duty arises out of a given relationship, is a matter of law for the court's determination. [read post]
8 Jul 2016, 7:23 am by Ronald Collins
Most of the books you mention (like The Brethren too, for that matter) were written while the Burger Court was still ongoing. [read post]
8 Jun 2016, 6:15 am by Marty Lederman
The matter was then referred to the Department of Justice for an advisory recommendation, as the regulations of the time prescribed. [read post]
21 May 2016, 7:19 am by Alex R. McQuade
” He also noted an interview by Geof Stone on matters NSA. [read post]
20 Apr 2016, 12:21 pm by Ronald Mann
On one side of the matter, Chief Justice John Roberts was sympathetic to the contractor’s concerns. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
22 Oct 2015, 12:17 pm by Elina Saxena, Cody M. Poplin
The Journal writes that next month’s visit by Pakistani Army Chief General Raheel Sharif will eclipse the prime minister’s visit, as Sharif’s authority “on critical security-policy matters, including the fight against Islamic extremists, the Afghan peace process, and the country’s nuclear-weapons program” is largely curtailed by the army. [read post]
7 Oct 2015, 3:28 am
 The opinion goes on to explain that[a]t the evidentiary hearing, the Court heard testimony from Robert Erdely, who teaches courses in online investigations of child pornography and participated in the development of Torrential Downpour. [read post]
2 May 2015, 1:47 am by Ben
Again though instead of litigation, Jor settled the matter out of court). [read post]
1 Apr 2015, 4:24 am by Kelly Phillips Erb
To ease the burden on civil servants, several Committee members, citing Justice Stewart’s “I know it when I see it” commentary in the landmark case of Jacobellis v. [read post]
9 Mar 2015, 3:58 pm by Sean Hanover
Russell, 411 U.S. 423, 441 (1973) (Justice Stewart dissenting); Hampton v. [read post]
10 Feb 2015, 9:01 pm by Michael C. Dorf
But such religious exemptions would be a matter of legislative grace rather than constitutional entitlement. [read post]
8 Jan 2015, 9:33 am by Myron Orfield
” Conservatives like Romney, Dirksen, Burger, Potter Stewart, and Harry Blackmun supported the Brown v. [read post]