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26 Nov 2014, 5:22 am by Alison Macdonald, Matrix
In R v Gul [2013] UKSC 64, an appeal concerning other aspects of the anti-terrorism regime, the Court stated that “detention of the kind provided for in the Schedule represents the possibility of serious invasions of personal liberty”: [64]. [read post]
23 Jan 2012, 1:07 pm by Tom Goldstein
  The answer may be no, given that no member of the Court squarely concludes it does and four members of the Court (those who join the Alito concurrence) do not believe it constitutes a search at all. [read post]
27 Sep 2018, 8:27 am
  It may also well be supported by precedent in the California Court of Appeal, which has previously done some similar things.But I gotta tell you, this is way beyond what the Supreme Court has ever done -- or even come close to doing -- and quite squarely departs from the traditional constraints that the Due Process Clause has been held to place on the extension of state law claim preclusion.More specifically, I don't see how this result is at all consistent… [read post]
2 Dec 2014, 7:35 am
 A superficially attractive argument by Gilead that the situation was all square with Actavis v Lilly - that the claims had been amended during prosecution and therefore the terms should be construed narrowly - was rejected. [read post]
19 Nov 2015, 1:53 pm by Kirk Jenkins
In early November, a sharply divided Illinois Supreme Court cleared the way for claims against the developer and contractor involved in a now 19-year-old condominium development, narrowly affirming the Appellate Court decision in Henderson Square Condominium Association v. [read post]
12 Jul 2017, 1:15 pm by EEM
International Refugee Assistance Project and Trump v. [read post]
5 May 2010, 7:02 am by Jeralyn
A headline reads: "Faisal Shahzad confesses to Times Square terror plot; admits he trained for 5 months in Pakistan Memo to Attorney General Eric Holder: Re: U.S. v. [read post]
3 Nov 2011, 4:49 pm by John Steele
The issue in this case is whether the equal rights, privileges andimmunities inherent in bar admission on motion, which the United States SupremeCourt has squarely held is a constitutionally protected privilege and immunity, SupremeCourt of Virginia v. [read post]
16 Mar 2012, 3:00 am by Louis M. Solomon
In another recent Court of Appeals decision addressing important issues in class or collective actions, Blackrock Financial Management Inc. et al. v. [read post]
10 Dec 2018, 2:37 pm by Orin Kerr
Moore, I became super-interested in the constitutional status of United States v. [read post]
16 Dec 2013, 3:03 pm
 In response, the Legislature expressly changed the statute -- stating that the Court of Appeal's decision was "contrary to the purposes" of the statute -- with the express goal of overruling that decision and squarely requiring a bond in all circumstances prior to the filing of an appeal.Public policy is similarly served by such a rule. [read post]
17 Nov 2016, 12:00 pm by Scott Birkey
No Density Bonus for this Coastal Project In Kalnel Gardens, LLC v. [read post]