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10 May 2018, 10:31 am by Andrew Hamm
“Just because people back then didn’t think it was irrational” for a state to pass anti-miscegenation laws, Barnett continued, “doesn’t mean that it was rational” under the actual text of the 14th Amendment. [read post]
13 Nov 2011, 2:05 pm by charley foster
Under the case law, "shall" can mean "may" when (1) it obviously doesn't mean "must" in the context of the statute's purpose;(2) reading it as "must" would lead to unjust consequences; or(3) reading it as "may" doesn't harm any public or private advantage, right, or benefit.In State v. [read post]
5 Mar 2009, 12:50 pm
The Supreme Court of the United States recently announced its ruling in the Wyeth v. [read post]
5 Jul 2023, 2:45 pm by Rick Hasen
Brennan Center: Proving a Section 2 case is by no means an easy task, especially, as the Milligan opinion noted, at the congressional and state legislative levels. [read post]
12 Jun 2020, 5:58 am by CMS
This means that an inspector may now ‘go behind’ a listing and re-determine its validity. [read post]
18 Mar 2009, 9:12 am
If such provisions concern matters otherwise beyond Congress' legislative powers, the Constitution leaves their implementation to the States. [read post]
29 Jul 2011, 2:14 am by tracey
Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) C-186/10;  [2011] WLR (D)  259 “Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 (OJ 1973 C 113 p17), had to be interpreted as meaning that it could be relied on by a Turkish national who, having… [read post]
21 Jun 2018, 1:09 pm by Adam Thimmesch
What this means is that states will be able to continue (or expand) their efforts to require the collection of sales/use tax by online vendors. [read post]