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15 Jun 2025, 9:01 pm
The Supreme Court has held in its anti-commandeering line of cases that the Constitution bars the federal government from requiring state and local executive officials and employees—including law enforcement officers—to execute federal laws. [read post]
10 Apr 2007, 9:34 pm
At the very least, though, Manning tees up one probable result of the Bill E Thesis: there is likely to be more law rather than less law under a regime where judges may make law through a "meta-intent" of delegation to update. [read post]
8 Mar 2012, 11:37 am
” He said that after agents were told to turn off the devices, his office had to issue guidance on how some of the devices that had been used without a warrant could actually be retrieved. [read post]
1 Jun 2012, 8:21 am
Office of Personnel Management et al., Case Nos. 10-2204, 10-2207, and 10-2214, U.S. [read post]
4 Dec 2009, 4:16 pm
Justice Sotomayor expressed a concern over patents for speed dating, while Justice Breyer discussed an original method of teaching antitrust law that would keep 80% of students awake. [read post]
10 Mar 2022, 7:08 pm
She excelled academically at Harvard College and Harvard Law School and nabbed a coveted Supreme Court clerkship with Justice Breyer. [read post]
20 Jun 2012, 6:43 am
John Whealan, Associate Dean for Intellectual Property Law, George Washington University Law School, agrees with Waxman. [read post]
16 Jun 2011, 9:21 am
Justice Breyer writes, "In sum, I fear that the Court's opinion will undermine the exclusionary rule. [read post]
26 Apr 2017, 6:24 pm
The government had charged her with violating a federal law that authorizes both a fine and a prison sentence for anyone who “knowingly procures or attempts to procure, contrary to any law, the naturalization of any person. [read post]
24 Jun 2022, 4:55 pm
Furthermore, as Zachary Grouev notes, Wiener was rooted in a functionalist theory of separation, which is unlikely to retain robust support in light of Seila Law LLC v. [read post]
15 May 2016, 4:20 pm
The opinion was issued in Patrick Breyer v. [read post]
26 Jan 2012, 3:38 pm
The contractors’ central argument is that, under the Supreme Court’s Boyle decision, federal common law preempts state-law claims against contractors in situations in which the same claim (1) could not be brought against a federal officer for the same conduct thanks to exceptions to the FTCA; and (2) would interfere with unique federal interests if allowed to go forward (here, foreign affairs/national security). [read post]
16 Feb 2021, 9:01 pm
The Court (joined in this endeavor by more liberal Justices Breyer and Kagan) has found the Smith rule inapplicable to a broad swath of cases in which religious institutions claim a “ministerial exception” to general laws. [read post]
16 Apr 2019, 4:03 pm
On Monday, the Supreme Court considered the intersection of free speech and trademark law when it addressed the constitutionality of prohibiting trademark registration for offensive trademarks. [read post]
3 Nov 2010, 10:38 pm
Chait claims that the state and several police officers took three rolex watches from his pawnshop without due process of law in violation of 42 U.S.C. [read post]
6 Jul 2009, 12:02 pm
Breyer 1. [read post]
3 Apr 2014, 2:58 pm
And Justice Breyer surely has a point that one good word to describe that problem is “corruption. [read post]
31 May 2011, 9:29 am
Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor. [read post]
23 Jun 2010, 5:56 am
When his government employers did an audit, they discovered the texts and disciplined the police officer. [read post]
27 Apr 2012, 2:23 pm
Several justices, including Justice Stephen Breyer, expressed serious concerns about the law's impact on civil liberties, as they recognized that it might lead to prolonged detention while an officer investigates a person’s immigration status. [read post]
