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20 Sep 2007, 5:26 am
We have just learned of a fifth motion to vacate ex parte order being made, in the RIAA's campaign against college students, this one by a "John Doe" who is a student at North Carolina State University, in LaFace v. [read post]
13 Mar 2017, 2:42 am by SAMANTHA KNIGHTS, MATRIX
The majority drew upon the case law of the ECtHR (Rodriguez Da Silva, Hoogkamer v Netherlands and Jeunesse v Netherlands). [read post]
21 Jun 2017, 5:31 am by SAMANTHA KNIGHTS, MATRIX
The principle of a MIR per se is not objectionable as the Court states (see Konstantinov v Netherlands cited at para. 84) but the impact of the new threshold is surely a relevant consideration in considering compatibility. [read post]
19 Apr 2016, 12:09 pm by Lyle Denniston
   The result in Franchise Tax Board of California v. [read post]
19 May 2010, 11:49 pm by Steve Vladeck
Finally, the Supreme Court has not really taken a significant state sovereign immunity case since Justice O'Connor's parting gift in Central Virginia Community College v. [read post]
4 Apr 2014, 9:40 am by Howard Wasserman
Adam's article, which is great, argues for an approach to stare decisis that looks to the core rule of a case, not to its result; Corey then discusses how this approach would control the use of Lawrence v. [read post]
22 Mar 2016, 5:33 am by Howard Wasserman
But we can do more with the vote-counting by looking at a more recent case--United States v. [read post]
25 Jun 2018, 2:23 pm
” Waltersheid, The Early Evolution of the United States Patent Law: Antecedents (Part 3), 77 J. [read post]
14 Jun 2011, 12:49 pm by Michael O'Hear
  This conflicts with the Eighth Circuit’s approach, which looks to the date on which the state court issues its mandate. [read post]
3 Jun 2021, 7:43 am by John Elwood
§ 2254(d) by readily attributing error to the state court in violation of Woodford v. [read post]
7 Feb 2007, 2:33 am
The state charges were not tied to the federal charges, the state attorney forgot about the agreement to drop the state charges when the indictment came down, but this was not enough to conclude a plan to punish for asserting rights, and the statements that he was looking at serious time could not be construed at vindictiveness.US v. [read post]
10 Jan 2012, 12:42 pm by Steve Hall
  The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. [read post]
16 Aug 2010, 8:55 am
  Unsurprisingly, DirecTV filed its petition for panel rehearing or rehearing en banc on August 9th, seeking rehearing of the Cappuccitti v. [read post]
8 Nov 2011, 8:55 am by Orin Kerr
(Orin Kerr) I was at the Supreme Court this morning for the oral argument in United States v. [read post]