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17 May 2024, 8:36 am by Eric Goldman
This method is preferable to obscuring a policy-oriented approach under the guise of contract interpretation, as seen in Meta v. [read post]
7 May 2024, 1:11 pm by Evan Brown
This flawed scope suggests no direct link between the law’s restrictions and the stated security concerns, weakening its justification under strict scrutiny. [read post]
7 May 2024, 1:11 pm by Evan Brown
This flawed scope suggests no direct link between the law’s restrictions and the stated security concerns, weakening its justification under strict scrutiny. [read post]
26 Apr 2024, 3:35 am by SHG
It is our solemn duty to diligently guard these rights regardless of the crime charged, the reputation of the accused, or the pressure to convict (see Boyd v United States, 116 US 616, 635 [1886] [“It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon”]). [read post]
4 Apr 2024, 6:32 am by Michael C. Dorf
He successfully argued New York Times v. [read post]
29 Mar 2024, 7:28 pm
That is, public policy does not drive economic production (its character and choices); rather public policy creates the "playing field" within those choices can be made in conformity to collective expectations, duties, and obligations (some of which are written into law especially in the guise of compliance measures and "hardened" private law; see also here). [read post]
27 Mar 2024, 12:41 pm by admin
App’x 513 (5th Cir. 2013); Spiral Direct, Inc. v. [read post]
6 Mar 2024, 9:01 pm by renholding
” This is precisely what the Supreme Court called for in TSC Industries v. [read post]
6 Mar 2024, 1:14 pm by Anna E. Bullock
In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. [read post]
23 Feb 2024, 1:50 pm by David Super
  One of them convened a mock Article V convention last summer with delegations (commonly Republican state legislators) from 49 states. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  At the state level, in Virginia, the same 1924 legislative session originated both the eugenical sterizilization act at issue in Buck v. [read post]