Search for: "STATE V. POWERS" Results 1601 - 1620 of 41,372
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21 Feb 2024, 12:25 pm by Lawrence Solum
I structure my inquiry as an analysis and exposition of all three sentences of a paragraph from Marbury v. [read post]
21 Feb 2024, 9:00 am by William Banks
” The same laws permitted the president to deploy the militia without a request from a state whenever “the laws of the United States shall be opposed, or the execution thereof obstructed … by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the [federal] marshals. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
United States, on the President’s removal power, which was “severely undercut[]” by a unanimous Court less than a decade later in Humphrey’s Executor (p. 416). [read post]
21 Feb 2024, 5:52 am by Ivan Horodyskyy
Damage to the plaintiffs’ property by the armed forces of the Russian Federation constitutes an exception to the state’s judicial immunity, in line with customary international law, which, according to the Court, is confirmed in Draft Articles on Responsibility of States for Internationally Wrongful Acts and in practice of the International Court of Justice (North Sea Continental Shelf (Federal Republic of Germany/Netherlands) Case) and practice of the European Court of… [read post]
20 Feb 2024, 1:17 pm by Eugene Volokh
This Article is especially critical of the state action doctrine best known from Blum v. [read post]
20 Feb 2024, 12:36 pm by Eugene Volokh
I write separately to emphasize that laws like AB 2751, which attempt to use the coercive power of the state to eliminate a viewpoint from public discourse, deserve strict scrutiny. [read post]
20 Feb 2024, 11:12 am by Jennifer Brockel
District Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (1979) (noting legislative purpose to prevent or remedy consumer fraud); Dunbar, 177 Colo. at 113, 493 P.2d at 668 (finding that state may enjoin deceptive practices “that have a tendency or capacity to attract customers” as a valid exercise of police power). [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]