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The idea behind the popular trope, “You can’t yell fire in a crowded theater” comes from Schenck v. [read post]
19 Apr 2021, 9:01 pm by Leslie C. Griffin and Marci A. Hamilton
That’s the rule that the Supreme Court correctly upheld in its free exercise case, Smith.Most people think an earlier Court case, Sherbert v. [read post]
18 Jan 2021, 9:00 pm by Neil H. Buchanan
Hamilton spends the relevant paragraph describing why the pardon power was vested in one person rather than in some larger body. [read post]
18 Jan 2021, 5:00 am by Josh Blackman
Cited in 'People Are Pissed': Pass/Fail Grading Controversy Roils Law Schools, Law.com (Mar. 25, 2020). [read post]
19 Dec 2020, 1:11 am by Tessa Shepperson
July Justin Bates wrote a post for us on a new case, Jarvis v. [read post]