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20 Feb 2019, 2:44 pm by admin
INTRODUCTION On September 28, 2004, the United States Supreme Court granted a property owner’s application for leave from a Connecticut Supreme Court decision upholding the constitutionality of the community’s taking of property with the specified purpose of creating jobs by selling the property to a private industrial user.1 As the petitioner land owners in Kelo express in their brief requesting leave, the critical question for the Court to determine is whether a taking for purely… [read post]
20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
24 Jan 2019, 1:53 pm by Steven Koprince
The Section 809 Panel has recommended that Congress eliminate most small business set-asides for DoD acquisitions. [read post]
6 Jan 2019, 6:00 am by Catherine Savard
Despite the debates surrounding the necessity of a time limit for the ICC’s PEs, there still exists no such limitation. [read post]
19 Dec 2018, 9:45 am by Margaret
 And indeed if, as in the song Nellie the Elephant, an animal actually had escaped, it would have been into a world that we would barely recognise today, with an aura of Empire (‘Hindustan’ and ‘Mandalay’) and assumptions about female compliance in a male dominated hierarchical society (‘The Head of the Herd was calling …’) Legislation such as the Animal Welfare Act 2006, and Welfare of Wild Animals in Travelling Circuses (England) Regulations… [read post]
27 Nov 2018, 12:27 pm by Arthur F. Coon
Relevant Context:  County’s Geography And Population While at 1.67 million acres Plumas County is geographically large, its population barely tops 20,000 residents, actually declined by 817 residents from 2000 – 2010, and is projected by Caltrans to increase by only 0.7 percent annually through 2050. [read post]
23 Oct 2018, 4:29 am by Jonathan H. Adler
What more could you want from a sentencing guideline decision out of a U.S. [read post]
4 Sep 2018, 4:55 am by SHG
Much as Bennett is right that “narrowly tailored” must, of necessity, include overbreadth, it’s still necessary to actually make the argument if you don’t want to lose the appeal. [read post]
28 Aug 2018, 11:26 am by Matthew Waxman
Secretary of State Daniel Webster and a new British envoy to the United States, Lord Ashburton (Alexander Baring), produced agreement on the law, and agreement to disagree on the facts. [read post]
26 Jul 2018, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
6 Jul 2018, 5:18 am by Benjamin Wittes
” The other dissent, by Justice Stephen Breyer, barely mentions the statutes at all. [read post]
3 Jul 2018, 4:29 pm by Pratheepan Gulasekaram
In some cases, Kennedy appeared willing to acknowledge the necessity of invoking constitutional safeguards, but seemingly diluted those protections because they emerged in the immigration context. [read post]
2 Jul 2018, 7:25 am by Joy Waltemath
As the AFL-CIO sees it, “a bare majority of the court, over the vigorous dissent of four justices, has conceded to the dark web of corporations and wealthy donors who wish to take away the freedoms of working people. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
His is a strange dissent, arguing both that he cannot enforce the exclusion order and that it is not his place as a justice to decide whether or not the order, declared as a matter of military necessity, is constitutional. [read post]
11 Jun 2018, 2:44 am by Kevin LaCroix
 The institutions servicing cryptocurrency clients are barely in their infancy. [read post]
7 May 2018, 5:00 am by Shannon Togawa Mercer, Ashley Deeks
“Artificial Intelligence Could Soon Enhance Real-Time Police Surveillance” reads a recent Wall Street Journal headline. [read post]