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20 May 2024, 5:00 am by Josh Blackman
  It's sobering that of all the times they could have discovered free-speech maximalism – and should have owned the hypocrisy –  they've done so now to protect rank antisemitism. [read post]
3 May 2024, 11:33 am by David Bernstein
More sober critics, like co-blogger Eugene V. earlier today, worry about the chilling effect it will have on anti-Israel speech given that hostile environment cases sometimes rest in part on speech that would otherwise be constitutionally protected. [read post]
13 Apr 2024, 3:33 pm by admin
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
26 Feb 2024, 3:37 am by SHG
And don’t get me started on the Reasonably Scared Cop Rule of Graham v. [read post]
20 Feb 2024, 1:17 pm by Eugene Volokh
This Article is especially critical of the state action doctrine best known from Blum v. [read post]
14 Feb 2024, 10:48 am by Jeffrey Randa
That the petitioner has the ability and motivation to drive safely and within the law. v. [read post]
31 Jan 2024, 10:40 am by Jeffrey Randa
That the petitioner has the ability and motivation to drive safely and within the law. v. [read post]
30 Jan 2024, 9:02 pm by renholding
”[2]  In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
9 Jan 2024, 8:24 am by Eric Goldman
Facebook opinion (the court praises that dissent as “influential”–though surely not more influential in California state courts than Barrett v. [read post]
20 Nov 2023, 9:50 am by Daniel Deacon
When I was a student, the first day of my “Administrative & Regulatory State” course featured discussion of a single case: Industrial Union Dept., AFL-CIO v. [read post]