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15 Mar 2021, 7:58 am by Alexander Vindman
Unlike with Trump in the impeachment trial, the First Amendment clearly does apply here, and it has a very high standard for incitement under Brandenburg v. [read post]
14 Mar 2021, 9:03 pm by Series of Essays
Miller, Arizona State University Sandra Day O’Connor College of Law McGirt v. [read post]
25 Feb 2021, 3:04 pm by Phil Dixon
’” Chaplinsky at 135 (Powell, J., concurring) (citation omitted). [read post]
11 Feb 2021, 8:11 am by Robert J. Reinstein
Madison was emphatic in The Federalist Papers that neither House could impose additional qualifications, and the Supreme Court so held unanimously in Powell v. [read post]
8 Feb 2021, 8:02 am by Eugene Volokh
" It seems likely that the decision to expurgate stemmed from the preference of the author of the per curiam, who was later revealed to be Justice Powell; compare Cohen v. [read post]
13 Jan 2021, 4:21 pm by INFORRM
Doe v Trump No. 19-36020, Trump issued a proclamation banning immigrants from entering the country unless they could obtain health insurance. [read post]
11 Jan 2021, 2:56 am by INFORRM
Hawktalk has a post Does the UK-EU Trade Deal provide for adequacy and kill off the “soft opt-in”? [read post]
8 Jan 2021, 12:30 pm by John Ross
The Texas Supreme Court considered both of these questions this week in the case of Powell v. [read post]
2 Jan 2021, 10:30 am by Giles Peaker
Thus the requirement to fulfil the PSED does not elapse even after a possession order (whether on mandatory or discretionary grounds) is granted and before it has been enforced. [read post]
21 Dec 2020, 5:01 am by Paul Stern
If compensating injured parties was the sole purpose of constitutional tort law, the rationale would best be effectuated through a remedial regime akin to what Justice Lewis Powell referred to as strict liability in Owens v. [read post]