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12 Dec 2021, 2:44 pm by Donald Clarke
There has already been quite a bit of reporting on its main points, and there’s no need for my particular two cents on those main points here. [read post]
10 Dec 2021, 5:01 pm by Ilya Somin
One of the main functions of Supreme Court decisions is to set down clear rules for lower courts to follow in future cases. [read post]
10 Dec 2021, 4:00 am by Matthew L.M. Fletcher
Frey: cert petition – united states v frey.pdfDownload pet app – united states v frey.pdfDownload Question presented (from the Penobscot petition): Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the… [read post]
9 Dec 2021, 6:31 pm by Jonathan Pyzer
Further, “the offence under s. 265(1)(b) is the threat to apply force to another, not the application of force” (R v Bernard, 1988 SCR 833). [read post]
8 Dec 2021, 3:05 pm by NARF
Tying a tribal officer's hands: Tribal law enforcement authority under United States v. [read post]
8 Dec 2021, 7:28 am by John Rubin
It further states that all petitions “shall be filed within a 30-day period. [read post]
7 Dec 2021, 8:44 am by Eugene Volokh
I'll begin by laying out a few categories of situations where the risk of reputational harm is especially serious, and then summarize the state of court decisions on the subject. [1.] [read post]
6 Dec 2021, 9:01 pm by Michael C. Dorf
Likewise, the state’s main brief in Dobbs itself says flatly: “The Constitution’s text says nothing about abortion. [read post]
6 Dec 2021, 1:10 pm by Indrasish Majumder
Turkey), the PCIJ said that “the first and main restraint placed by international law upon a state is that a state may not use its authority in any form in the territory of another state. [read post]