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Argument analysis: Justices divided in procedural battle between Baltimore, oil companies in climate fight

SCOTUSBlog

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. Kannon Shanmugam argues for BP and other fossil fuel companies (Art Lien).

Statute 101
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Gun Violence: When ‘Self-Defense’ Becomes Murder

The Crime Report

jurisprudence, according to a forthcoming Legal Studies Research Paper published under the auspices of George Washington University Law School. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression.

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Dobbs’s history and the future of abortion and privacy law

SCOTUSBlog

Share This article is part of a symposium on the court’s decision in Dobbs v. Sherif Girgis is an associate professor of law at Notre Dame Law School. And to what will it bind lower courts? Jackson Women’s Health Organization. How does Dobbs ’s historical analysis fare against the dissent?

Laws 142
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Novartis En Banc and Amicus Support

Patently O

The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. I label the substantive amicus as the “GMU brief” because all-but-one signing professor have ongoing ties to George Mason University’s Antonin Scalia Law School.

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‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan

The Crime Report

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

Attorney 127
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‘Invisibility’ of Prosecutor Misconduct Erodes Trust: PA Report

The Crime Report

“American citizens lack the ability to make even the most cursory inquiry into whether their prosecutors operate within the rules,” the report asserted. million judicial opinions published between 2000 and 2016 by federal and state courts in Pennsylvania. Adopt American Bar Association Rules for Defining Prosecutorial Misconduct.

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A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud

SCOTUSBlog

The bankruptcy court thought Kate’s situation should be different, because she lacked any “actual knowledge” of the deficiencies in the disclosure statement. Because Buckley’s claim did not involve money obtained by her fraud, the bankruptcy court ruled that Kate could discharge that claim.

Statute 77