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15 Oct 2014, 5:14 pm by admin
Cernak, Schiff Hardin LLP Reprinted with permission On October 14, the Supreme Court heard oral argument in North Carolina Board of Dental Examiners v. [read post]
14 Jan 2013, 1:56 pm by Nathan Dorn
In his 1787 Defense of the Constitutions of the United States he elaborates on this point: “If in England there has ever been such a  thing as a government of laws, was it not magna charta? [read post]
17 Nov 2011, 9:06 am by jpfaff
[Here he quotes an older Kennedy opinion, Republican Party of Minn v White: “We should not, even by inadvertence, impute to judges a lack of firmness, wisdom, or honor. [read post]
2 Jul 2007, 6:05 am
Jimenez-Guiterrez (available here) and the Tenth Circuit discussed the obligation to state reasons in US v. [read post]
29 Feb 2012, 12:10 pm by Paul Karlsgodt
Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. [read post]
18 Jan 2017, 7:28 am by Ben Henriques, Corker Binning
In brief, the case of R v Egan [1992] 4 All ER 470 had stated (without the court having heard full argument) that the previous case of R v Lloyd [1967] 1 QB 175 legitimised two approaches to defining ‘substantial’ in the context of diminished responsibility. [read post]
21 Apr 2020, 4:20 pm by Paul Bost
  By so holding, the Federal Circuit controverts what had become conventional wisdom since the Supreme Court’s decisions in Qualitex Co. v. [read post]
14 Dec 2013, 2:49 am
Citizens became playthings in the face of whimsical, arbitrary power of the state. [read post]
28 Jun 2023, 3:42 am by Matthew L.M. Fletcher
Although the conventional wisdom sees Castro-Huerta as a radical departure from first principles of federal Indian law, I argue that it is the natural – although deeply deplorable – next step in a long line of Supreme Court decisions expanding state governmental authority within Indian country. [read post]
30 Jan 2024, 9:05 pm by renholding
Numerous studies show that Chevron deference is currently the exception rather than the rule, and since 2001’s United States v. [read post]