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23 Sep 2022, 5:01 am by Jonathan Shaub
The second period represents a time of flux for privilege as the executive branch wrestles with the fallout from Watergate and attempts to interpret and apply United States v. [read post]
24 Mar 2007, 8:46 am
The state-created danger doctrine is well-established in the Third Circuit to provide relief where the government affirmatively places someone in a position of danger that he or she would not otherwise have faced, even if that danger is from a third-party.In Kamara v. [read post]
5 Jun 2023, 5:16 am by Ashley Deeks, Matthew Waxman
The Supreme Court has offered snippets of its view on this in some cases, stating in Fleming v. [read post]
9 Feb 2020, 3:31 am by Thalia Kruger
The Court referred to the one-voice principle, implying that the judiciary cannot recognise acts by a State while the executive branch of the UK refuses to recognise the State. [read post]
31 Jan 2007, 10:40 am
Rather than defend the indefensible, the Executive Branch moved to dismiss our suit on the basis of the “state secrets privilege ” - the very same defense that Alberto Gonzales ’s deputies have invoked to fend off the ACLU ’s challenges to illegal NSA eavesdropping and CIA kidnapping, and to silence FBI whistleblower Sibel Edmonds. [read post]
31 Aug 2011, 2:46 am by Andrew Lavoott Bluestone
Accordingly, that branch of the defendants' motion which was to dismiss the legal malpractice cause of action should have been granted (see Williams v Lindenberg, 24 AD3d 434, 434-435). [read post]
27 Dec 2021, 10:39 am by Eugene Volokh
And litigation of course deploys the coercive power of the state, even as it also accomplishes private goals. [read post]
9 Apr 2019, 10:00 pm
Court of Appeals for the Federal Circuit (CAFC) heard another appeal in the Cleveland Clinic v. [read post]
12 Jun 2022, 6:30 am by Guest Blogger
Thus, for those frustrated with (or openly hostile to) particular elements of the Constitution, such as Article V, brevity has provided a path forward. [read post]
20 May 2015, 3:20 pm by Stephen Bilkis
54 A.D.3d 883 864 N.Y.S.2d 111 2008 NY Slip Op 7024 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. [read post]