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11 Jun 2024, 6:30 am
But as the Brennan Center’s report explains: [The] law is different. [read post]
26 May 2024, 10:17 am
“I think Justice Brennan once called Indian law cases ‘chicken shit’ cases. [read post]
9 May 2024, 11:30 am
For the Balkinization symposium on David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024).Paul Butler Like most users of illegal drugs, I have never been caught. [read post]
22 Apr 2024, 5:00 am
Many state and local officials host social media sites and use them to converse with followers on matters related to their governmental responsibilities, among other things.[1] Not surprisingly, many choose to block from their sites certain members of the public they find disagreeable.[2] Being disagreeable, or at least in disagreement with such actions, blocked followers sometimes sue alleging that their exclusion violates the First Amendment.[3] One of the most notable examples was a… [read post]
10 Mar 2024, 6:30 am
Of course, there may be reason for pause about incorporating a provision to address this dimension of political equality. [read post]
15 Feb 2024, 2:36 pm
The Brennan Center researched 328 law enforcement agencies serving every incorporated city with a population greater than 100,000. [read post]
13 Nov 2023, 5:01 pm
Justice Brennan’s majority opinion in Mississippi Band of Choctaw Indians v. [read post]
6 Nov 2023, 9:12 am
As the world continues to grapple with AI governance, Just Security asked top experts to reflect on what the E.O. and OMB memo mean for the future of AI and efforts to regulate it: Faiza Patel, Senior Director of the Brennan Center for Justice’s Liberty and National Security Program The President’s Executive Order on AI and OMB implementation guidance incorporate a number of principles and mechanisms to ensure that these tools are deployed… [read post]
1 Nov 2023, 5:52 am
A new Brennan Center report considers its use of automated systems for immigration and customs enforcement, finding a lack of transparency that is in tension with the principles set out in the White House Blueprint for an AI Bill of Rights. [read post]
18 Sep 2023, 9:01 pm
Interestingly, Justice Brennan had seen that as a way of opening, not closing, courts to litigants. [read post]
25 Jun 2023, 6:01 am
For over-the-horizon counterterrorism, the key phrase in Brennan’s statement is “come back another day. [read post]
14 Jun 2023, 5:47 am
That statute also incorporates the federal definition in 18 U.S.C. [read post]
12 Jun 2023, 1:09 pm
In scientific publishing, when scientists make a mistake, they publish an erratum or a corrigendum. [read post]
1 May 2023, 5:51 am
Although they were not all incorporated into the work of the Select Committee, these statements give essential context to complement the factual narrative contained in the committee’s final report and underlying documents. [read post]
18 Apr 2023, 2:43 pm
In Brennan, the Ninth Circuit Court of Appeals held “that incorporation of the AAA rules constitutes clear and unmistakable evidence that contracting parties agreed to arbitrate arbitrability” on the facts of the case (796 F.3d at p 1130), but the court expressly did not decide “‘the effect if any of incorporating AAA arbitration rules into consumer contracts’ or into contracts of any nature between ‘unsophisticated’… [read post]
27 Mar 2023, 2:23 pm
Incorporating the latter would make democracy look better on many dimensions. [read post]
25 Oct 2022, 6:30 am
Brennan or Earl Warren, but, rather, John Marshall Harlan, who on notable occasions, including the reapportionment cases, dissented from quintessential “Warren Court” decisions. [read post]
3 Oct 2022, 9:01 pm
By the time the other (Mazzone) graduated in 1997, just nine years later, Clarence Thomas had replaced Justice Thurgood Marshall (and Justices Brennan, Marshall, and Blackmun were gone) and the Rehnquist Court’s federalism revolution (led by Justice Sandra Day O’Connor, whose federalism views were much sharper than those of her predecessor, Justice Potter Stewart) was underway. [read post]
27 Sep 2022, 12:18 pm
Over Justice Scalia’s objection, Justice Brennan’s majori [read post]
17 Aug 2022, 12:51 pm
Kennedy began incorporating short motivational speeches with his prayer when others were present. [read post]
