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8 Feb 2024, 4:09 pm by INFORRM
Furthermore, the Court of Appeal made clear that the caselaw on bare comment does not prescribe an inflexible rule compelling a court to treat a statement of opinion as if it were fact where the opinion implies that a claimant has done something but does not indicate what that something is [24]. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
Respectfully, we also write to raise serious concerns about the reliability of Professor Lash's writings on Section 3 and to make clear what the historical record does—and does not—say.[1] By answering seven questions, we will show that (1) there was a First Insurrection, (2) John B. [read post]
7 Feb 2024, 9:01 pm by renholding
The NPR also contains a proposed policy statement that would be added as a new appendix A to Part 5 of the OCC’s regulations. [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
" (And odd comments given that the Sinecure Clause does not use "chosen" at all. [read post]
6 Feb 2024, 8:58 am by Yosi Yahoudai
Frequently Asked Questions Does everyone get a ballot in the mail? [read post]
6 Feb 2024, 6:30 am by Guest Blogger
Roberto Gargarella Introduction The Collaborative Constitution is one of the most interesting contributions produced by the legal academia in recent years.[1] It is a clear, easy to read and at the same time profound book, in which its author, Professor Aileen Kavanagh, investigates what is the best and most justified way to protect rights in a democracy. [read post]
6 Feb 2024, 5:22 am by Eliav Lieblich
Then, I argue that the geographical nexus requirement, in fact, is extremely difficult to defend in terms of the lex lata, legal policy, literature or practice.[1] This piece does not, however, discuss in detail the obligations in fact owed to Protected Persons in situations or territories once the geographic nexus requirement is rejected. [read post]
4 Feb 2024, 10:00 pm
   It was additionally noted that two (2) of the attempts were made at the same time of day, between the hours of 5 and 8 p.m. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
Second, they acknowledged that the President obviously does not appoint himself, but countered that the Appointments Clause does not define who are the "Officers of the United States. [read post]
31 Jan 2024, 10:39 pm by Olya Gurevich
How will contemporary work will be remembered if Africa does not have the space to store the work that will come to define this cultural zeitgeist? [read post]
31 Jan 2024, 6:22 am by Guest Author
”[5] In expanding the question presented, the respondent presents the Court with an opportunity to take a hatchet to agency deference in the interpretation of criminal statutes. [read post]
30 Jan 2024, 9:02 pm by renholding
 The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
However, it does make an argument about the framers' intent. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
Rev. 53, 55 (1878), https://www.jstor.org/stable/i25110155; Editor, 'Interesting Decision as to Disqualification Under the Fourteenth Amendment,' [Richmond, Virginia] Daily Dispatch, Mar. 5, 1869, at 3; 'Does the Fourteenth Amendment Exclude the Disqualified from a State Legislature,' Wheeling [West Virginia] Daily Register, Aug. 30, 1871, at 4; 'Does the Fourteenth Amendment Exclude the Disqualified from a State Legislature,' [Richmond,… [read post]