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18 Apr 2015, 3:44 pm by Stephen Bilkis
Had that been the case, the New York State and United States legislatures would have added language providing for such exceptions. [read post]
12 Apr 2015, 11:23 am by Stephen Bilkis
Had that been the case, the New York State and United States legislatures would have added language providing for such exceptions. [read post]
5 Mar 2015, 10:32 am by Frank Pasquale
[Abigail] Moncrieff’s brief argues the petitioner’s interpretation of the statute would render the statute unconstitutional under two principles of federalism: that Congress can't coerce states into implementing federal programs, and that all states must be treated equally.As Koppelman notes below, the same states' rights ideas at the core of the conservative win in NFIB v. [read post]
15 Jan 2015, 11:49 am by Gritsforbreakfast
Texas consisted of Justice Terry Jennings and former Justice Jim Sharp, who lost a reelection bid in November 2014. [read post]
22 Dec 2014, 11:44 am by Jon Ibanez
In the case of Navarette v. [read post]
18 Dec 2014, 8:50 am
            Or, if your plaintiff is trying to use dicta in Lance v. [read post]
17 Dec 2014, 4:30 am
That doctrine comes into play when: (1) the federal plaintiff lost in state court; (2) the plaintiff complains of some injury from the state court judgment; (3) the state court judgment antedated the filing of the federal case; and (4) the plaintiff is inviting the federal court to reject the state court judgment.   The plaintiffs appealed that decision to the Third Circuit, and that’s where we are today: Johnson v. [read post]
1 Dec 2014, 7:15 am by Lyle Denniston
Bailey, concluding that the police had authority under the Supreme Court’s 1968 decision in Terry v. [read post]