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Chief Judge Mary Murguia vacated the panel’s previous decision setting up another test for the scope of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. [read post]
As the threatened attacks in Rafah have begun, killing untold numbers of civilians, including children, we call on the international community and member states of the UN to act with the utmost urgency to fully ensure respect for the provisional measures ordered by the International Court of Justice (ICJ) in the case regarding the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. [read post]
21 Feb 2024, 9:00 am by William Banks
” Although the terms of the Insurrection Act suggested that the militias would be federalized when civilian authorities were overwhelmed, in 1827 the Supreme Court indicated, in a case called Martin v. [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… [read post]
20 Feb 2024, 6:19 am by Second Circuit Civil Rights Blog
The Court of Appeals says qualified immunity cannot attach at this early stage of the case.The case is Mehaylo v. [read post]
16 Feb 2024, 4:27 am by Allan Blutstein
That’s had more of an impact on records reflecting back-and-forth between agencies and Congress, but I’m still glad to see it rejected here.AB: This result is unfortunate because State governors should be able to receive confidential advice from the armed forces under their command, as the court acknowledged. [read post]
15 Feb 2024, 1:23 pm by Kevin LaCroix
The court doesn’t insist that the board members should have stated they were not independent. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
Cases of potential interest to state practitioners are summarized monthly. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
Floyd sent arms southward so that they would be "on hand when treason wanted them. [read post]