“We agree with Skidmore that his decision not to present any witnesses or evidence should not have been referred to as a ‘failure’ of any kind on his part. The court’s use of this word in the instruction is problematic ...Read More »
“What we have here is the police following a trail which led, very quickly, to Morrison. … [A] witness saw a black man running from the bank heading toward a parking lot for a neighboring apartment building. They had a ...Read More »
“No matter which angle we choose for viewing the Customs ruling letter in this case, it fails to qualify under Chevron. On the face of the statute, to begin with, the terms of the congressional delegation give no indication that ...Read More »
“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force ...
Tagged with: Constitutional LawRead More »
“Congress undertook to negotiate with the Coeur d’Alene Tribe for reduction in the territory of an Executive Order reservation that Idaho concedes included the submerged lands at issue here. Congress was aware that the submerged lands were included and clearly ...Read More »
“Section 2244(d)(2) … employs the word ‘State,’ but not the word ‘Federal,’ as a modifier for ‘review.’ It is well settled that ‘ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section ...Read More »
“[T]he fact that a river as a whole is navigable is not dispositive for purposes of maritime law. See, e.g., Leblanc v. Cleveland, 198 F.3d 353 (2d Cir. 1999) (dammed river not navigable even though it was capable of supporting ...Read More »