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States have largely enacted their FCA laws to mirror the federal FCA, which bars tax claims (e.g., California, Massachusetts, North Carolina, Virginia). [read post]
. __ (June 26, 2019), the Supreme Court held it was unconstitutional to impose a 5-year mandatory minimum prison term for a violation of federal supervised release based on a judge’s finding that the violation occurred. [read post]
25 Jun 2019, 12:16 pm by Rebecca Tushnet
  And since the Court didn’t bother to reject the Federal Circuit’s reasoning—which relied on the bars at issue being content based and subject to intermediate scrutiny—we are far from done with this issue.Specific thoughts on Kagan’s opinion for the Court: The opinion rejects the governments attempt to rewrite the statute to focus on whether the way in which the applicant’s (non-source-identifying)… [read post]
24 Jun 2019, 4:52 pm by Mark Nieds
The Government appealed and on June 24, 2019, in a 6-3 decision written by Justice Kagan, the Supreme Court upheld the Federal Circuit’s determination and struck the provision as unconstitutional. [read post]
24 Jun 2019, 3:47 pm by Andrea Shannon (US)
” On Brunetti’s next appeal, however, the Federal Circuit overturned the prohibition as an unconstitutional governmental restriction on speech, setting the issue up for a final review before the Supreme Court. [read post]
24 Jun 2019, 3:47 pm by Andrea Shannon (US)
” On Brunetti’s next appeal, however, the Federal Circuit overturned the prohibition as an unconstitutional governmental restriction on speech, setting the issue up for a final review before the Supreme Court. [read post]
24 Jun 2019, 9:31 am by Timothy B. Lee
" But a lot of people have interpreted it as (in the words of the government's lawyer in the case) "the profane past participle form of a well-known word of profanity. [read post]
24 Jun 2019, 3:58 am by Steve Dickinson
The New Normal between the United States and China includes a host of U.S. government actions directed at China’s high tech sector, with an export ban under the Department of Commerce Entity List system as one of the most powerful tools. [read post]
21 Jun 2019, 11:40 am by Steve Lash
Saying the government cut corners, the chief judge of the U.S. [read post]