by Dan Bushell | Mar 27, 2012 | Constitutional Litigation
It turns out that the case challenging the ACA’s individual mandate isn’t the first time the Supreme Court has been confronted with questions about the interplay of the health insurance and health care markets. The previous case, called Blue Shield of...
by Dan Bushell | Feb 8, 2012 | Constitutional Litigation
I may be the only person in the world who is more interested in the 9th Circuit’s decision in Perry v. Brown, (the much publicized suit over the constitutionality of California’s Proposition 8) for its lessons in advocacy than for its political issues. I...
by Dan Bushell | Jan 20, 2012 | Blogroll
by Dan Bushell | Jan 19, 2012 | General Civil Litigation
Appellate courts often struggle with the tension between allowing for consideration of the individual circumstances of each case and establishing clear dividing lines between conduct that violates the law and conduct that does not. Courts have assigned varying amounts...
