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27 Jul 2014, 5:53 pm by John Bellinger
The panel stated that lower courts should not assume that the presumption against extraterritoriality enunciated in Kiobel “categorically bars cases that manifest a close connection to United States territory. [read post]
10 Jun 2014, 9:30 pm by Dan Ernst
  When the anti-bureaucracy clause went before the electorate that fall, only a faction of the New York bar campaigned on its behalf. [read post]
23 Mar 2016, 7:55 am by Steven Schwinn
But by a literal reading, it also means that there is no bar to a non-FTCA claim arising out of the same events that falls within a Section 2680 exception. [read post]
5 Aug 2014, 5:07 am by Amy Howe
News) reports that, “[e]ven as the number of executions annually has dropped by more than half over the past 15 years and the court has barred states from killing juveniles and the mentally disabled, no justice has emerged as a principled opponent of the death penalty. [read post]
2 Jul 2018, 6:14 pm by Eric Goldman
It says “Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
Wells Fargo contends this holding necessarily includes the two-year statute of limitations found in that section and asserted by Godoy as a bar to suit.I. [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
Wells Fargo contends this holding necessarily includes the two-year statute of limitations found in that section and asserted by Godoy as a bar to suit.I. [read post]
25 Jul 2017, 3:06 am by Scott Bomboy
The conflict between state laws that allow limited marijuana use and the federal law that bars it, in theory, falls somewhere in the domain of the Constitution’s Supremacy Clause, which reads in part that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; …, shall be the supreme Law of the Land. [read post]
27 Jun 2022, 10:33 am by Yang Liu, Brandon Vines
” If these injuries fall outside the states’ zone of interests, the plaintiff states would lack standing, since states themselves generally cannot sue on behalf of private citizens. [read post]