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20 Oct 2021, 9:38 am
Mills, decided yesterday by the First Circuit (Judge Sandra Lynch, joined by Judges Jeffrey Howard & David Barron); seems quite right to me: When a religiously neutral and generally applicable law incidentally burdens free exercise rights, we will sustain the law against constitutional challenge if it is rationally related to a legitimate governmental interest. [read post]
13 Oct 2021, 5:44 am
Welcome to Abbott & Kindermann’s 2021 3rd Quarter cumulative CEQA update. [read post]
13 Oct 2021, 5:44 am
Welcome to Abbott & Kindermann’s 2021 3rd Quarter cumulative CEQA update. [read post]
13 Oct 2021, 2:50 am
Grant III, a city official. [read post]
9 Oct 2021, 8:47 am
Howard Wasserman and I wrote about this litigation in our article, The Process of Marriage Equality. [read post]
20 Sep 2021, 2:42 pm
If state courts nevertheless determine that SB8's statutory grant is sufficient to establish standing, the next move of providers and advocates is to assert their federal defenses, despite provisions in SB8 purporting to limit their availability. [read post]
20 Sep 2021, 4:27 am
Howard, Appeal No. 20-1119 (3rd Cir. [read post]
15 Sep 2021, 8:08 am
Board of Adjustment upheld standing under a statute authorizing "any taxpayer" to file suit to challenge the legality of a zoning board's decision, such as granting a variance to allow the erection of a large sign. [read post]
15 Sep 2021, 3:22 am
For all the drama, lawprof Howard Wasserman has been dissecting what he calls the “procedural puzzles” that confront the pre-emptive efforts to enjoin Texas’ abortion law, SB8. [read post]
14 Sep 2021, 9:24 am
The Supreme Court of the United States granted certiorari, then dismissed as improvidently granted, dumping what many anticipated would produce a significant First Amendment ruling. [read post]
14 Sep 2021, 8:24 am
Mirow and Howard Wasserman. [read post]
10 Sep 2021, 10:18 pm
Howard Wasserman and my colleague Rocky Rhodes explain this point well. [read post]
2 Sep 2021, 12:02 pm
For a more detailed explanation of the procedural obstacles to challenging SB 8, see this excellent article by Charles "Rocky" Rhodes and Howard Wasserman. [read post]
1 Sep 2021, 1:13 pm
Francis DeSales Grayson, Frank Hairston, Jr., Howard Lee Hairston, James Luther Hairston, Joe Henry Hampton, Booker T. [read post]
27 Aug 2021, 6:00 am
” NC Court Grants Motion in Allen v. [read post]
27 Aug 2021, 6:00 am
” NC Court Grants Motion in Allen v. [read post]
25 Aug 2021, 3:27 pm
Brandon Johnson, Scott Hagerstrom, Howard Kleinhendler, Gregory Rohl, and Stefanie Lynn Junttila. [read post]
8 Aug 2021, 10:51 pm
President Grant commissioned Edmonia to paint his portrait. [read post]
4 Aug 2021, 6:28 am
He was awarded a MacArthur Genius grant in 1982. [read post]
3 Aug 2021, 2:22 pm
“Veni, vidi, vici”: Julius Caesar, 47 BC The more than ten-year-old effort by Access Copyright (“AC”) to impose a “mandatory tariff” through the Copyright Board on Canadian educational institutions is over in a quick, decisive, and devastating unanimous judgment from Justice Rosalie Abellaof the Supreme Court of Canada (“SCC”). 85 years of legislative policy and SCC jurisprudence are re-affirmed, vindicated, and continued. [read post]