, the key issue in Shelley and Barrows was the Court's conclusion that judicial enforcement of the covenant constituted state action--not, at least technically, a rejection of property owners' claims that they had the right to contract to dispose of their property as they wished.
, a decline in the number of appellate decisions is an imperfect measure of the volume of litigation.
(54) Accordingly, the Court held that the "informant's testimony, concededly
elicited in violation of the Sixth Amendment, was admissible to challenge Ventris's inconsistent testimony at trial" and reversed the judgment of the Kansas Supreme Court.
Recent import restrictions have concededly
The measures taken by the authorities in recent months have concededly
helped to hold down interest rates on interest-bearing securities with the shortest maturities, but borrowing costs are still substantially above normal for commercial credit and bank loans with longer maturities.
true, but the Federal Circuit is of course not a generalist
Although Israel is by any measure immensely stronger, destruction of the other side is concededly
impossible for either.
The focal point test is concededly
easy to apply ...
The first involves questions concerning the military establishment's treatment of persons who are concededly
subject to military authority--what may be termed the vertical reach of the Bill of Rights within the military.
A police officer concededly
illegally stopped a car in which Bruce Brendlin was a passenger, because the officer believed--mistakenly--that the car's temporary operating permit was invalid.
, a strong counterargument exists that a functioning court system requires finality to allow courts to adjudicate the entirety of their caseloads.
, the Bill of Rights does not contain a constitutional amendment specifically to protect one's right to produce one's own food.
, if serious violations of the laws of war multiply they will destroy the legitimacy of the war.
The Raich majority distinguished Lopez and Morrison, the high watermarks of the so-called federalism "revolution" of the Rehnquist Court, cabining the application of those cases to situations where the parties assert that "a particular statute or provision falls outside Congress' commerce power in its entirety," and distinguishing cases in which parties argue that "individual applications of a concededly
valid statutory scheme" should be excised.
(i) to not interfere with the internment which, although distasteful, made common sense and entailed what might be called "acceptable losses"; yet, (ii) to withhold explicit approval of the indefinite detention of concededly