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20 Feb 2020, 4:57 am
So what happens when Attorney General For An Untouchable Term of Years Ashcroft has the power to dictate American justice? [read post]
19 Feb 2020, 6:43 am
The Supreme Court said this in Ashcroft v. [read post]
15 Feb 2020, 3:50 am
The issue in the case faced the “intersection” of child porn, an unprotected category of speech under New York v, Ferber, virtual kiddie porn, protected speech under Ashcroft v. [read post]
14 Feb 2020, 10:00 am
A last-minute revelation that the FBI had withheld over 3,000 pages of relevant documents from McVeigh’s attorneys earned a 30-day stay of execution from Attorney General John Ashcroft on May 11, 2001. [read post]
14 Feb 2020, 9:52 am
Ashcroft worked with us to work on legislative history. [read post]
11 Feb 2020, 9:43 am
Ashcroft, 327 F.3d 188 (2d Cir. 2003), that the substantive offense could be committed by indirect force or omission. [read post]
14 Jan 2020, 10:36 am
Ashcroft, 329 F.3d 1062 (9th Cir 2003). [read post]
5 Jan 2020, 12:02 pm
Ashcroft, 329 F.3d 1062 (9th Cir. 2003). [read post]
19 Dec 2019, 9:01 pm
Twombly and Ashcroft v. [read post]
19 Dec 2019, 5:39 am
As my colleague David Super points out in his recent must-read post, in the forthcoming impeachment trial the Senate Rules will require each Senator to swear an oath "that in all things appertaining to the trial of the impeachment of Donald Trump . . . [read post]
12 Dec 2019, 8:29 pm
This essay, written for a symposium on the tenth anniversary of Ashcroft v. [read post]
12 Dec 2019, 12:04 pm
Despite the conclusion of Justice Department Inspector General Michael Horowitz that the FBI’s initiation of the Russia probe met legal standards, the report issued Monday by the Office of the Inspector General (OIG) strongly criticized the FBI’s handling of one aspect of the probe: the request for a Foreign Intelligence Surveillance Act (FISA) wiretap of ex-Trump campaign foreign policy adviser Carter Page and subsequent renewals of the FISA. [read post]
9 Dec 2019, 7:23 am
In doing so it adopts a rule that gives a nod to the “plausibility” standard from the Supreme Court’s decision in Ashcroft v. [read post]
26 Nov 2019, 9:01 pm
Ashcroft—hold that if Congress wishes to apply federal law in a manner that upsets the established balance between state and federal authority, it must make its intention to do so “unmistakably clear in the language of the statute. [read post]
7 Nov 2019, 7:30 am
., Ashcroft v. al-Kidd, 563 U.S. 731 (2011). [read post]
6 Nov 2019, 10:39 pm
And they rely on Califano and Ashcroft v. [read post]
23 Oct 2019, 7:57 pm
Ashcroft, 537 U.S. 186, 203 (2003) (quoting McClurg v. [read post]
13 Oct 2019, 7:20 pm
The Supreme Court hears under 80 cases a year. [read post]
4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]