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27 Mar 2024, 3:39 pm by Guest Author
Our constitutional order contains an “anti-power-accumulation principle. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
  Indeed, to call it a “too clever by half … cabalistic overreading” (see Michael Dorf, quoting Akhil Amar) might, if anything, give it too much credit. [read post]
14 May 2019, 9:01 pm by Michael C. Dorf
Two (Justices John Blair, Jr. and James Wilson) had been delegates to the 1787 Constitutional Convention in Philadelphia; one (Justice William Cushing) had served as Vice President of the Massachusetts convention that narrowly ratified the Constitution; and the fourth was Chief Justice John Jay, co-author of The Federalist Papers with Alexander Hamilton and James Madison.To be clear, in pointing out the inconsistency between the methodological commitments the Supreme Court’s… [read post]
1 Apr 2019, 2:58 am by Walter Olson
(The paper published anyway) [Tim Cushing, TechDirt] Tags: Donald Trump, First Amendment, free speech, New Zealand, social media, trademarks [read post]
5 Nov 2018, 9:38 pm by Anthony Gaughan
” Coughlin would have languished in obscurity if not for a friendship he struck up with Bishop Michael Gallagher of the Diocese of Detroit. [read post]
4 Jan 2017, 3:00 am by Walter Olson
Report: FBI investigation of Prenda lawyer Paul Hansmeier now extends to his mass ADA filings [KSTP, KMSP, Stephen Montemayor/Minneapolis Star-Tribune, Tim Cushing/TechDirt earlier] Meanwhile: “Sanctioned Austin ADA attorney now targeting websites” [KXAN on Omar Rosales, earlier] “It is a crime to ‘allow’ a pet to make a noise ‘that frightens wildlife’ on National Park Service land. [read post]
22 Dec 2016, 3:05 am by Walter Olson
Nadine Strossen, David Forte, Michael McConnell, and David Rabban, moderated by Judge Carlos Bea; Sad day for liberal Netherlands tradition of free political opinion [CNN on conviction of Geert Wilders, leader of prominent political party] More Euro speech-throttling: France mulls ban on anti-abortion websites (only) that “mislead” or “manipulate” [Guardian] Judge grants motions to dismiss, and to strike as SLAPP, the suit in California demanding “R”… [read post]
1 Jun 2016, 9:05 pm by Walter Olson
Our defense of free expression should go beyond the utilitarian and consequentialist: Flemming Rose’s acceptance speech last week on receiving the Cato Institute’s 2016 Milton Friedman Prize for Advancing Liberty [Cato Daily Podcast, WSJ “Notable and Quotable” excerpt, earlier; Michael Tanner on Rose’s role in the Mohammed cartoons episode and more recent Cato book, The Tyranny of Silence; my related post in context of Copenhagen terrorist attack] Virgin… [read post]
23 Nov 2015, 9:05 pm by Walter Olson
Joe Gliniewicz, suspended 5 times before faking his suicide as death in the line of duty, also illustrates how hard it is to fire a public employee [Scott Reeder/Chicago Sun-Times, reprint at Reboot Illinois] More on campaign to extend hate crime laws to cover assaults on police [Tim Cushing/TechDirt, earlier here] If cops in bad shootings can’t be prosecuted, is it too much to ask at least that they be fired? [read post]
3 Nov 2015, 8:29 am
Flegal, Climate Geoengineering and the Role of Public Deliberation: A Comment on the US National Academy of Sciences’ Recommendations on Public Participation Nigel Moore, Hajar Benmazhar, Kerryn Brent, Haomiao Du, Viliamu Iese, Salif Kone, Cush Ngonzo Luwesi, Vivian Scott, Jordan Smith, Anita Talberg, Michael Thompson & Zhihong Zhuo, Climate Engineering: Early Reflections on a Complex Conversation [read post]
30 Oct 2015, 4:01 am by SHG
 After all, he was the runt of a family of “high powered lawyers,” like “Giuliani’s right-hand man,” Michael Zarrelli. [read post]
29 Jun 2015, 9:05 pm by Walter Olson
[Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote] I took part last week in a panel discussion in Washington, D.C. on civil asset… [read post]
11 Mar 2015, 5:45 am by SHG
  But, as Tim Cushing explains, you would be wrong. [read post]
22 Oct 2014, 5:43 am by SHG
As Tim Cushing explains, there isn’t much disagreement that Deputy Matt’s thrust is true: cops haven’t changed. [read post]
13 Sep 2014, 5:40 am by SHG
  Via Tim Cushing at Techdirt: Rogue agency? [read post]
22 Jul 2014, 9:05 pm by Walter Olson
Cop caught on camera stealing dying motorist’s $3700 and gold crucifix “walked out of courtroom with big smile on face” [Bridgeport; Connecticut Post] Durham, N.C. police officer testifies department would illegally gain access to homes for purposes of search by lying about getting 911 calls [IndyWeek] “California Highway Patrol Seizes Medical Records Of Woman An Officer Was Caught On Tape Beating” [Tim Cushing, TechDirt] Drivers routinely expected to… [read post]