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22 Nov 2014, 1:51 pm
Citing the Supreme Court’s 1985 precedent of Heckler v. [read post]
11 Jul 2014, 6:00 am by Daniel E. Cummins
For example, technological attacks against the device similar to the need for DUI breathalyzer devices to be calibrated or otherwise confirmed to be in proper working order may give rise to a new kind of expert witness who may become common in such cases.Moreover, once black-box information is found to be admissible in auto accident personal injury matters, the issue becomes whether a party may assert a spoliation defense against an opposing party for failing to preserve such black-box information… [read post]
22 May 2014, 7:44 am by Bruce Ackerman
Elaborating arguments developed by Larry Tribe, they may insist that only treaties, approved by two-thirds of the Senate, serve as constitutionally appropriate vehicles for such agreements – thereby making it much tougher to get passed into law.To parry this threat, free-market conservatives will emphasize post-New Deal transformations that gave popular legitimacy to this Article one detour around the Treaty Clause, relying on the narrative that David Golove and I provide in a lengthy… [read post]
28 Apr 2014, 6:10 pm by Wells Bennett
Of course that conflicts with, among other things, the Supreme Court’s Gregg v. [read post]
1 Oct 2013, 12:00 pm by Peter Margulies
United States may hint at a reprise of the al-Kidd pattern. [read post]
13 Jun 2013, 5:13 pm by Thomas Merrill
  Justice Sotomayor parried this by noting other clauses in the compact did not expressly limit diversions to those within a state, yet logically had to be read as being so limited. [read post]
23 May 2013, 10:06 am by Dan Markel
Levine) Jenia Iontcheva Turner – Effective Remedies for Ineffective Assistance of Counsel: A New Look After Lafler v. [read post]
5 Mar 2013, 9:25 am by Larry Catá Backer
Furthermore, Article 5 of the 1982 Constitution imposes strict duty for state organs to adhere to constitutional principles:No law or administrative or local rules and regulations shall contravene the [read post]
26 Feb 2013, 5:00 am by Kimberly A. Kralowec
Bernard (1981) 452 U.S. 89, 103–104 [“[a]lthough we do not decide what standards are mandated by the First Amendment in this kind of case, we do observe that the order involved serious restraints on expression”]; see also Parris v. [read post]
10 Feb 2013, 4:05 pm by INFORRM
In the Times, Matthew Parris complains that Lord Puttnam “has led a sneak attack to sabotage the Defamation Bill and get statutory regulation by the back door“. [read post]
21 Sep 2012, 12:14 pm by KC Johnson
To take one example: in a high-profile 2011 decision, Henry v. [read post]
3 Sep 2012, 3:15 am by New Books Script
KF 3469 P37 2011 Equal employment of persons with disabilities : federal and state law, accommodations, and diversity best practices / John Parry. [read post]
1 Aug 2012, 10:31 am by Soroush Seifi
”[14] After certification, the union is the one and only party that can bargain for all employees, including those who did not vote for the certification of the union.[15]  The extent of this bargaining power is noteworthy: in Falconbridge, the union was assumed to have the power to effectively waive the ESA on behalf of its employees regardless of the individual employees knowledge or consent to such a concession with potential adverse effect on the employees.[16]  It is… [read post]