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25 Oct 2022, 10:46 am by Bernard Bell
This post assesses the Solicitor General’s argument, in New York v. [read post]
6 Jan 2021, 5:01 am by Eugene Volokh
We think the relevant part of the statutes are unconstitutionally overbroad, and also unconstitutional as applied. [read post]
15 Jan 2019, 6:51 pm
Dept. of Commerce,  Case 1:18-cv-02921 (SDNY,  Filed 15 January 2019), a federal district court determined that the Secretary of Commerce unlawfully exercised what discretionary authority the law allowed in the ways he went about directing the insertion of the citizenship question that unlawfully annoyed some stakeholders and threatened others, in part because the decision was not  "reasonable and reasonably explained. [read post]
2 Dec 2018, 2:49 pm by Omar Ha-Redeye
While the statutory status quo is an ex parte proceeding (see Criminal Code, s. [read post]
1 Nov 2018, 4:35 pm by Chris Attig
” Let’s talk a little about Chevron, because it is critical to understand how Haas and Procopio are part of a much bigger battle over the separation of powers. [read post]
19 Apr 2018, 4:36 am by SHG
This appears to be largely correct,** as C.J. [read post]
12 Jul 2017, 5:57 am by Eugene Volokh
Washington state criminalizes (among other things) “mak[ing] an electronic communication to … a third party” “with intent to harass, … torment, or embarrass any other person” if the communication is made “[a]nonymously or repeatedly. [read post]
11 Jul 2017, 5:40 pm by WOLFGANG DEMINO
Evid. 901(a), 902(10).The Gillespies also objected to the admissibility of portions of the attached, authenticated records: (1) the pool supplement, which supplemented the May 1, 2002 note-purchase agreement between First Marblehead and Bank One; (2) a single page following the pool supplement (the orphan page), which the Trust asserted was included as part of the pool supplement's schedule 1 and showed that the Gillespies' note was included in those pooled for sale; (3) the DAS,… [read post]