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4 Feb 2024, 6:29 pm by Marty Lederman
  Under that standard, the First Amendment does not preclude punishment for incitement if it is established that the speech in question was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action. [read post]
31 Jan 2024, 2:30 pm by Eugene Volokh
I focus here on the claims against Gibson because the other individual defendants' defenses were rejected as untimely, and thus weren't substantively discussed by the court. [read post]
29 Jan 2024, 4:35 pm
Calving season, when right whale mothers and their newborns travel through shipping lanes up and down the coast, is still underway. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
However, it does make an argument about the framers' intent. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
As their brief and other current commentary does not note their changed intellectual position, we wonder if they realize what they have done. [read post]
26 Jan 2024, 9:01 am by Just Security
It said that Israel should take all measures within its power to prevent the commission of all the acts of genocide listed in paragraphs (a) through (e) of Article II of the Genocide Convention. [read post]
22 Jan 2024, 6:05 am by Thomas Carothers
Through its efforts to counter the geostrategic reach of China and Russia, the Biden administration aims to defend democracy globally. [read post]
17 Jan 2024, 5:04 am by Guest Author
In other words, the Department of Commerce does not have the sort of rulemaking power that the EPA was given in the Clean Air Act and that was expressly exercised in writing the regulations sustained in Chevron. [read post]
16 Jan 2024, 11:33 am by Jacob Fishman
But the rule I set out to defend—where ill-gotten evidence is excluded irrespective of the underlying crime or the nature of the officer’s misconduct—is dead, and it has been for a while. [read post]