Search for: "MATTER OF ADOPTION OF MORRISON" Results 161 - 180 of 269
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30 Mar 2012, 8:25 am
 We think this further limiting principle is unnecessary because it's implicit in what the Court has already said in Lopez and Morrison, but we have no objection to its adoption. [read post]
26 Mar 2012, 11:00 pm
Before the ACA, Congress has not been able to compel Americans to engage in an activity, even one with substantial economic consequences-for example, no one is required by law to purchase flood insurance even if they live in a flood plain or for that matter stop building homes in flood plains. [read post]
25 Mar 2012, 9:25 pm by Jonathan H. Adler
 I suggested as much in an October 2010 post, in which I wrote: n both cases, the issue is whether the Supreme Court will adopt limitations on the scope of government power that are greatly desired by libertarians and supported from an originalist perspective, but that Supreme Court doctrine hasn’t shown any particular sign of adopting as a a matter of constitutional law. [read post]
25 Mar 2012, 8:46 pm by Benjamin Wittes
He bases his conclusion, with respect to domestic precedents, solely upon the reasoning adopted by the Hamdan plurality. [read post]
21 Mar 2012, 3:00 am by Marty Lederman
The actual arguments the parties have offered to the Court in the Affordable Care Act case the Court will hear next Tuesday bear little resemblance to the “Congress requiring everyone to eat broccoli” caricatures that have dominated much of the public debate. [read post]
19 Mar 2012, 4:00 am by Terry Hart
As a threshold matter, the text of the Appointments Clause suggests, and the Supreme Court has confirmed, that Departments refer only to agencies within the Executive branch of the government.7 But which executive agencies? [read post]
15 Mar 2012, 9:53 am by William McGrath
These cases and other matters from the last month are discussed in greater detail after the jump.The SEC v. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
As with all matters of judicial interpretation, there are matters of nuance and construction. [read post]
1 Mar 2012, 6:32 am by Sam Singer
  None of them adopted Sutton’s facial/as-applied approach. [read post]
20 Feb 2012, 3:00 am by Louis M. Solomon
  Waiving the same hand as nearly all other district courts have since Morrison, the Court said that “courts have refused to adopt” technical readings in the effort to avoid the Morrison result. [read post]
15 Feb 2012, 8:48 am by Rob Robinson
Follow @InfoGovernance   eDiscovery News Content and Considerations Agree or Else: Delaware Adopts Revised Default Standards for Discovery - bit.ly/wBkfdy (Gibbons) An On-the-Record Colloquy about Predictive Coding With Judge Peck -  bit.ly/zcefhs (Bob Ambrogi) All You Need is Metadata - bit.ly/xouxBb (Josh Gilliland) Can You Be Jailed for Forgetting Your Decryption Password? [read post]
10 Feb 2012, 5:41 pm by Karl-Friedrich Lenz
Therefore, this Act adopts special measures about the procurement of renewable energy by electric utilities regarding price and period and related matters. [read post]
8 Feb 2012, 7:39 am by Rob Robinson
bit.ly/A8VqZp (Sofia Adrogue, Caroline Baker) Anatomy of an eDiscovery Project – bit.ly/xU1fbY (Brett Burney) Box Score: Justice 1, Bullies 0 – bit.ly/zDLbCO (Craig Ball) Chinese Ministry of Industry and Information Technology Issues New Data Protection Regulations – bit.ly/ykm0rx (Hunton Williams) Consultants Key to Predictive Coding Success – bit.ly/z9Cbji (Albert Barsocchini) Costly Moments in E-Discovery: A Landscape for Litigators – bit.ly/y6F7mc (National Law… [read post]
21 Jan 2012, 2:24 am by Giesela Ruehl
The article discusses both important decisions and pending cases before the ECJ as well as important decisions from German courts touching the subject matter of the article. [read post]
9 Jan 2012, 6:00 am
Leon, 468 U.S. 897, 919 n. 20 (1984) (“We emphasize that the standard of reasonableness we adopt is an objective one. [read post]
3 Nov 2011, 12:10 pm by Kali Borkoski
   Do you think that difference matters in terms of outcomes? [read post]