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” And that presumption surely makes sense here, for as Justice Stevens recognized years ago, “[b]oth Title VI and Title VII” codify a categorical rule of “individual equality, without regard to race” . . . [read post]
12 Jul 2023, 3:28 am by Matthieu Dhenne (Dhenne Avocats)
As a result, the law applicable to a case would depend on the court seized, so that the outcome of a case could be totally different depending on the said court (e.g. [read post]
11 Jul 2023, 2:15 am by Seán Binder
Sweden will also help reinvigorate Turkey’s application to enter the E.U. [read post]
11 Jul 2023, 2:15 am by Seán Binder
Sweden will also help reinvigorate Turkey’s application to enter the E.U. [read post]
7 Jul 2023, 8:28 am by Michael Oykhman
The methods of application of the death penalty have varied throughout jurisdictions, however in Canada, the application by hanging was used. [read post]
5 Jul 2023, 7:45 am by Daniel M. Kowalski
As those interviews are conducted within days of the asylum-seeker’s arrival, in custody, often before the applicant has had the opportunity to obtain legal counsel or evidence, and possibly while suffering from the effects of persecution, the credible fear [read post]
4 Jul 2023, 9:01 pm by Michael C. Dorf
Because designing a website involves “expression,” she said, the application of the law to her would amount to forcing her to express a message—approval of same-sex marriage—with which she disagrees.Did Smith really have concrete plans to start a wedding website design business? [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
It is thus a narrow case, authorizing First Amendment defenses to only a limited set of applications of antidiscrimination law, when speech creators want to choose the particular content of speech that they seek to create. [read post]
29 Jun 2023, 1:27 am by Seán Binder
Cora Engelbrecht and Steven Erlanger report for the New York Times. [read post]
26 Jun 2023, 4:30 am by Michael C. Dorf
In rejecting the claim that Texas has standing, the majority relied on general principles applicable to all plaintiffs. [read post]
22 Jun 2023, 4:56 am by CrimProf BlogEditor
Steven Penney (University of Alberta - Faculty of Law) has posted State Action in Action: The Charter’s Application in Criminal Investigations (Canadian Criminal Law Review/Revue canadienne de droit pénal, vol. 27(2), pp. 59-93 (2023)) on SSRN. [read post]
  Explaining that the application of the Federal Rules of Civil Procedure to federal civil litigations is standard, the Court affirmed the Third Circuit’s application of FRCP 41(a) to § 3730(c)(2)(A) motions to dismiss. [read post]
20 Jun 2023, 7:35 pm by Howard Bashman
“What Justice John Paul Stevens’s Papers Reveal About Affirmative Action; Twenty years ago, Justice Sandra Day O’Connor wrote, in a draft opinion, that white applicants could not be favored over Asian Americans; Why did she delete those lines — and why did Justice Clarence Thomas adopt them in his own opinion? [read post]
16 Jun 2023, 6:11 am by Rob Robinson
Patent and Trademark Office has issued two new patents, No. 11,468,006 (the ‘006  patent) and No. 11,636,088 (the ‘088  patent), for its LayerCake and MachOne applications, respectively. [read post]