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Showing her pro-Obama colors in the federal government's lawsuit challenging the constitutionality of Arizona's new immigration law, U.S. District Court Judge Susan Bolton temporarily enjoined implementation of various parts of the law ("Should Arizona secede?" Friday, Commentary).
Judge Bolton ruled that checking an individual's immigration status under the reasonable suspicion clause is mandatory, whereas checking an individual's immigration status under the federal law in discretionary. She thereupon ruled that in comparison to a permissible, discretionary check of one's immigration status, a mandatory check of one's immigration status under Arizona's reasonable suspicion clause would have two significant results. First, she held that a mandatory check would impermissibly impose burd...
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MILITARY LAW REVIEW
Volume 187 Spring 2006
LAWLESSNESS WITHIN A FOREIGN STATE AS A LEGAL BASIS FOR UNITED STATES MILITARY INTERVENTION TO RESTOR...
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ESCAPE; POSTRELEASE CONTROL NOT IMPOSED; NO LEGAL BASIS FOR DETENTION.
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President Obama or Attorney General Eric H. Holder Jr. should declare publicly whether executive privilege has been invoked in the Justice Department's refusal to release documents showing why voter- intimidation charges against the New Black Panther Party were dismissed, says the U.S. Commission on Civil Rights.
Declaring an impasse in negotiations between the commission and the department, Commission Chairman Gerald A. Reynolds said the Justice Department has "repeatedly refused" to provide any basic information regarding the case, instead asserting "vague and generalized privileges" that do not apply.
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NASA's describes those regulations being considered for development or amendment by NASA, the need and legal basis for the actions being considered, the name and telephone number of the knowledgeable official, whether a regulatory analysis is required, and the status of regulations previously reported.
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The Abigail Alliance case directly poses the question of whether terminally ill patients have a constitutional right of access to unapproved drugs. The case arose following the death of a young woman from cancer. She had failed standard therapies and had unsuccessfully sought access to an unapproved drug in a clinical trial as a last resort. Following her death, her supporters brought a lawsuit asserting a constitutional right of access to such a product. If such a constitutional right exists, it has serious implications for patients, health care providers, the FDA, insurers, and manufacturers. This article reviews the legal basis for the asserted constitutional right, current case law, and the implications for health care providers.
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The article was first published in Asian-Counsel magazine, issue May 2008 www.pbpress.com
In China, different administrative authorities are in char...
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A group of 46 lawyers and law professors concluded Thursday that it's unfair to suggest a link between same-sex marriage and a Maine law banning discrimination against gays and lesbians that appears on the November ballot.
Their analysis concluded that the gay-rights law, if upheld by voters, will not provide a legal basis to argue for same-sex marriages in Maine's courts. It also outlined the difference the lawyers see between Maine and a Massachusetts court ruling that legalized same-sex marriage there.
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[...] after concluding that the Palestinian Authority is a legal personality, but not a state and therefore is not immune from civil actions; actions filed by terror victims against the Palestinian Authority are justiciable in domestic courts; the Israeli court is the appropriate forum for litigating this kind of actions; the Israeli law should be applied when treating the actions; and terror victims may rest their actions upon the domestic Civil Wrongs Ordinance when suing the Palestinian Authority for compensation; it is now clear that there is a solid legal basis for the terror victims to sue the Palestinian Authority in Israeli courts for damages caused by its involvement in terror acts during the second Intifada. [...] is no absolute certainty that the described path would be acce...
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Motion to Suppress - Whether Legal Basis for Stop