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5 Mar 2024, 8:13 am by Marty Lederman
  As for the latter state power—i.e., to deny ballot access to candidates who are ineligible on other federal grounds—it is certainly now subject to more substantial litigation risk than it was yesterday, though I expect the Court would distinguish Trump v. [read post]
26 Jun 2022, 12:28 am by Bill Henderson
 In hindsight, it was a remarkably soft landing: in addition to avoiding foreign invasion or civil war (a common outcome throughout history), it set the stage for decades of political stability and economic growth, albeit this prosperity has become a risk factor of the present. [read post]
24 Oct 2013, 9:01 pm by Paula Mitchell
Capital punishment in the United States is often considered in terms of its constitutional vulnerability. [read post]
20 Apr 2012, 2:50 pm by Rebecca Tushnet
There is strong language in other cases, like Coty, about what TM is and isn’t supposed to do w/r/t mere reproduction. [read post]
20 Feb 2008, 1:42 pm
" One also fears that the kind of anger still borne and now disclosed by Thomas despite huge success may not be totally irrelevant to the psychological profile of George W. [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
"[8] Because of that, Congress could restrict such discrimination against military recruiters without violating the First Amendment.[9] "[I]f an individual announces that he intends to express his disapproval of the Internal Revenue Service by refusing to pay his income taxes," that announcement offers no basis for applying First Amendment scrutiny to the nonpayment of taxes.[10] Likewise, if a university announces that it is expressing disapproval of the military's… [read post]
7 Jun 2022, 10:32 am by Roger Parloff
Last month, a federal appeals panel gave the back of its hand to Rep. [read post]
20 Sep 2010, 7:28 am by Steven M. Taber
September 20, 2010, Volume 2, Number 27 The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
27 Mar 2023, 1:25 am by INFORRM
In the wake of the high-profile Manchester 10 case, the signatories argued that the misuse of digital evidence exacerbates the risks of abuse of the law. [read post]
26 Jun 2008, 6:31 pm
That's because a lot of states don't recognize claims for post-sale duty to warn. [read post]
10 Jul 2008, 3:00 pm
  Whether they like it or not, judges are forced to look beyond the (nonexistent) original meaning in order to answer the constitutional questions that pose the greatest risk of "judicial activism. [read post]
22 Oct 2012, 5:26 am by Susan Brenner
The text messages stated, “`[a]lright, luv, but don't kick dat to nobody what I told you, not even Darrin,’” to which Tia responded, “`What? [read post]
19 Jul 2007, 1:47 pm
Another expert's attempt to recalculate the same study by adding an arbitrary 40% risk factor was likewise shot down. [read post]
Sexual relationships between coworkers present a risk, and the issue has been placed in the spotlight as a result of the #MeToo movement. [read post]
9 Aug 2011, 11:52 am by Eugene Volokh
And such preferential treatment poses significant risk that, in the name of reasonable accommodation, court processes may be abused to the detriment of vulnerable individuals who are the targets of bizarre, vexatious, or incredible claims that a court accredits and allows to proceed.The dilemma presented by this Court’s holding is well illustrated by the facts of this appeal. [read post]
21 Oct 2010, 12:47 pm by Bexis
We mentioned late last month, back when everybody was still high on the Phillies, that the Supreme Court had granted certiorari in several interesting opinions. [read post]