Justices Thomas and Gorsuch previously questioned the Times v. Sullivan precedent, but they didn't do so on Monday.
The Sixth Amendment’s confrontation clause gives defendants in criminal cases the right to “be confronted with the witnesses ...
In its ruling today in Gamble v.United States, the Supreme Court, by a vote of 7 to 2, affirmed 170 years of precedent applying the dual-sovereignty doctrine to the Fifth Amendment’s Double ...
I think that there are some somewhat inconsistent comments in the Sixth Circuit decision that I see as tiptoeing around an ...
The Supreme Court failed to correct this miscarriage of justice, so the chilling precedent endures. Recalibration of constitutional doctrine does not come easily at the Supreme Court, nor should ...
Since the Roberts court has come to be known as eager to overturn precedent, the decision by some of the justices to abide by stare decisis brings questions as to why the doctrine should prevail here ...
A US court (in Delaware) recently handed down a precedent-setting ruling on a lawsuit filed by a copyright-owner, the media and ...
With a Supreme Court majority chipping away at similar restrictions recently, Trump and his allies hope to strike down the precedent entirely. Conservative legal advocates argue that Humphrey’s ...
However, any fervor for this approach should be tempered by the Federal Circuit declaration that it has “never “affirmed a decision finding noninfringement based on the reverse doctrine of ...
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