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18 Mar 2016, 10:45 am by Eugene Volokh
Right to Life, Inc., 551 U.S. 449, 468 (2007) (lead opinion) (citation omitted); id. at 495 (Scalia, J., concurring in part and concurring in the judgment) (likewise rejecting a test based on speaker motivation). [read post]
16 Dec 2015, 6:06 am
That same day he also incorporated PMX Refinery Inc. [read post]
8 Aug 2015, 9:03 am by Stuart Kaplow
Because the settlement is confidential we do not know precisely how this case ended. [read post]
8 Aug 2015, 4:03 am by Stuart Kaplow
Because the settlement is confidential we do not know precisely how this case ended. [read post]
9 Jun 2015, 10:20 am
Failure to follow this axiom left the tenant in Rite Aid of Ohio, Inc. v. [read post]
3 Jun 2015, 4:37 pm by Jeff Vandrew Jr
This is precisely because it’s so straightforward and applicable to everyday life. [read post]
10 May 2015, 5:48 pm by WOLFGANG DEMINO
NEWEST ADDITION TO HECHT COURT'S IMMUNITY JURIS(MAL)PRUDENCE:    DRUNK DRIVER IMMUNITY    Here is yet another example of the Texas Supreme Court's penchant for creating and invoking immunity theories to deny plaintiffs their day in court against a party that caused injury, and thereby preventing a trial on the merits and recovery of damages from the tortfeasor proven to have committed the tort. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
On the first question, Justice Alito reasons quite broadly, and rests statutory protection for Hobby Lobby on the ground that a for-profit closely held corporation is itself a “person” capable of the “exercise of religion” under RFRA (rather than resting protection on the idea that the persons whom RFRA protects are the owners of a corporation, and the fact that Hobby Lobby’s owners are operating through the corporate form should not strip them of the statutory… [read post]
15 Jul 2014, 9:01 pm by Michael C. Dorf
In a recent column, she contends that Hobby Lobby is faithful to RFRA and precisely for that reason, it shows that RFRA goes too far. [read post]
3 Dec 2013, 10:01 am by Cristina Tilley
Notably, however, Congress did not replicate Sullivan’s actual malice rule precisely when it wrote the ATSA. [read post]
20 Nov 2013, 11:14 am by Diane Marie Amann
 It cites the Court’s judgment in First Options of Chicago, Inc. v. [read post]