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3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 I’ve marked in boldface, and labeled as [1] and [2], the two separate clauses of Section 3 that identify particular officers and other government officials. [read post]
2 Feb 2024, 3:24 pm by Eugene Volokh
South Dakota (D.S.D. 2011) ("subsequent decisions by the United States Supreme Court expressly cast doubt on the [ ] validity of the special public-interest doctrine" (internal quotation marks and citation omitted)); Fujii v. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
Specifically, it concluded, the presidency is not an “office … under the United States,” and the president is not an “officer of the United States. [read post]
1 Feb 2024, 10:01 am by Scott Hervey
On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc. [read post]
30 Jan 2024, 9:02 pm by renholding
”[2]  In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
29 Jan 2024, 2:15 pm by Michael Lowe
We have recorded 2,403 communities using identity disclosure versus 2,196 reverse sting operations in cities and counties across the United States. [read post]
29 Jan 2024, 3:45 am by Andrew Lavoott Bluestone
“A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a culpable state of mind, and that the destroyed evidence was relevant to the party’s claim or defense such that the trier of fact could find that the evidence would support that claim or defense” (Pegasus Aviation I, Inc. v Varig Logistica… [read post]
28 Jan 2024, 6:26 am by Marty Lederman
The argument that the violence at the Capitol on January 6, 2021 did not amount to an insurrection against the United States. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
26 Jan 2024, 1:00 pm by ernst
This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual… [read post]
25 Jan 2024, 6:55 pm by Stephen Halbrook
Itself a prolific issuer of guidance documents, the United States filed an amicus curiae brief in support of neither party. [read post]