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14 May 2024, 10:27 am by Eugene Volokh
For a recent application of this principle, see In re Kahea (Haw. 2021), which generally endorsed (in a somewhat different context) the reasoning of Rev. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
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]
11 Mar 2024, 11:07 am by Neal S. Gainsberg
If you're in a car accident in Chicago, how quickly your case gets resolved can depend on a variety of issues. [read post]
28 Feb 2024, 4:24 am by SHG
The plaintiffs allege that R.E. knew Hawes had already edited and approved the monologue and that “her grade was conditioned upon her performing the monologue in front of the class. [read post]
7 Nov 2023, 4:01 am by Jack Bogdanski
It's quite apparent that neither she nor Prozanski are part of the solution here; instead, they're a big part of the problem. [read post]
3 Mar 2023, 4:22 am by Chris Seaton
[Prefatory note: This week we’re doing a song parody of the Bob Newman/Buck Owens classic “Pfft You Were Gone,” arguably made famous by the show “Hee-Haw. [read post]
7 Dec 2022, 8:57 pm by Ronald Mann
Tripp certainly hemmed and hawed for a while, but he stuck to his position that the simplest thing for the court to do is to apply the statute as written, even if it left Thomas liable for the debt. [read post]
5 Oct 2022, 3:00 am
State, 439 P.3d 127, 143 (Haw. 2019) (collecting examples of states where “standing is a prudential concern and not an issue of subject matter jurisdiction”). [read post]
14 Sep 2022, 7:45 am by Eugene Volokh
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
1 Jul 2022, 12:30 pm by John Ross
There's no clearly established law on prone restraint (and we're not making any). [read post]
5 Apr 2022, 9:42 am by Neil H. Buchanan
  But that is a rabbit hole that is best explored on another day.Even so, apparently smart people hem and haw and say that increases in wealth "might be likened to income" or "could be construed to be income," even though it is simply true that income is income whether it is unrealized or not.Conservative tax dogmatists often say that we should "broaden the base and loewr the rates," which means that having a larger pool of taxable income allows us to tax… [read post]
29 Mar 2022, 12:28 pm by Benjamin Wittes
” So I know what you’re thinking: If the opinion is devastating and if it correctly concludes that the president probably committed crimes, doesn’t that require a criminal investigation on the part of the Justice Department? [read post]