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30 May 2024, 12:35 pm by Eugene Volokh
Vullo allegedly said she would be "less interested in pursuing the[se] infractions … so long as Lloyd's ceased providing insurance to gun groups, especially the NRA. [read post]
27 May 2024, 11:54 am by Eugene Volokh
" As EEOC Guidance says, "overlap between a religious and political view does not place it outside the scope of Title VII's religious protections, as long as the view is part of a comprehensive religious belief system. [read post]
24 May 2024, 5:01 am by Doriane Coleman
It's long been viewed as essential to allow faculty, operating within the bounds of their disciplines, to pursue unpopular ideas, research, and scholarship. [read post]
22 May 2024, 2:09 pm by Eugene Volokh
So long as a court makes findings as to a child's actual needs respecting religion, the court may consider such needs, as one factor, in awarding custody. [read post]
20 May 2024, 6:26 am by Kevin LaCroix
Those with a long tenure in economic consulting are familiar with various waves of litigations like the initial public offering cases, the options backdating cases, the financial crisis cases, the special-purpose acquisition company cases, the merger objection cases, the opioid cases, and so on.Each of these litigation waves came with its own set of economic facts and logic. [read post]
20 May 2024, 5:01 am by Doriane Coleman
Virginia—to sex blindness, where progressives have long wanted us to go. [read post]
17 May 2024, 3:27 pm by Eugene Volokh
" The Supreme Court has long recognized the public's interest "in having free and unhindered debate on matters of public importance" as "the core value of the Free Speech Clause of the First Amendment. [read post]
16 May 2024, 8:56 am by Eugene Volokh
" This Court has also recognized that "[t]he right to distribute, circulate, or otherwise disseminate ideas and written materials has long been recognized as constituting an integral part of the right of free speech. [read post]
14 May 2024, 10:27 am by Eugene Volokh
And that principle is at least equally true as to groups that systematically engage in violating criminal laws; here's the Court's reasoning in Bob Jones, which treats them in parallely: A corollary to the public benefit principle is the requirement, long recognized in the law of trusts, that the purpose of a charitable trust may not be illegal or violate established public policy. [read post]
13 May 2024, 5:01 am by Eugene Volokh
Since October, U.S. public officials and college administrators have condoned most anti-Israel protests, including (for a while) long-term encampments that violate university rules. [read post]
10 May 2024, 9:12 am by Eugene Volokh
On balance, a norm that requires people to give in to such threats, and to stay away from events because of the risk to bystanders, will cause more long-term harm than a norm that people have the right to ignore such bystander risk. [read post]
10 May 2024, 8:34 am by Eugene Volokh
As the ad hoc Committee on Academic Freedom and Campus Expression recently observed, "while freedom of expression protects the ability of community members to express their views about the current situation in the Middle East, it does not protect the continued use of a shared Institute resource in violation of long-established rules. [read post]
10 May 2024, 6:35 am by Michael C. Dorf
So long as peaceful protesters aim to achieve change by growing or demonstrating the number of people who hold their views, they are engaged in speech that is unproblematic--at least from the perspective of coercion (even if authorities have grounds to regulate it through reasonable time, place, and manner rules). [read post]
9 May 2024, 9:01 pm by Austin Sarat
Nitrogen hypoxia will neither end America’s long history of problems in the execution chamber nor ensure that when the state kills, it does so humanely.Before looking at what other states are doing, let’s recall what happened the first time Alabama used nitrogen hypoxia. [read post]
8 May 2024, 1:44 pm by Eugene Volokh
California has long permitted disclosure of information from these databases to a wide range of public officials, primarily for law enforcement purposes…. [read post]
8 May 2024, 4:00 am by Eric Segall
" In between these odes to religion, Walker decided to name a bunch of prominent Democrats who long ago belonged to the KKK. [read post]
7 May 2024, 7:12 am by Scott Bomboy
’” In general, protesters can express their personal and political opinions on campus at a public university, and take part in group actions, as long as their actions do not violate any laws, do not incite violence, and do not constitute true threats. [read post]
7 May 2024, 5:01 am by Eugene Volokh
The boycott of Columbia graduates by a group of judges led me to the following thoughts (adapted from a post about the 2022 boycott of Yale Law graduates, which was begun by a judge who is also one of the signatories to the Columbia boycott). [read post]
6 May 2024, 5:10 pm by Eugene Volokh
["[T]his case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. [read post]
6 May 2024, 10:42 am by Eugene Volokh
Circuit Court, decided last week by the Wisconsin Supreme Court, in a unanimous opinion written by Justice Rebecca Grassl Bradley; the opinions are long, so these are only short excerpts: A creature of statute, adoption confers legal rights and duties on adopted children and their adoptive parents. [read post]