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6 Oct 2010, 9:19 am by Richard D. Friedman
It also avoids an inquiry into the subjective frame of mind of the speaker. [read post]
5 Oct 2010, 11:25 pm by Orin Kerr
[T]he relevant inquiry is simply whether the means chosen are reasonably adapted to the attainment of a legitimate end under the commerce power. [read post]
5 Oct 2010, 10:43 am by Lyle Denniston
Stormer eased off somewhat from his demand for a higher constitutional bar to government inquiries into personal matters, suggesting that only a “rational basis” test might be required for inquiries such as a Social Security number. [read post]
5 Oct 2010, 4:51 am by INFORRM
  It opens up the prospect of a media right to receive information from Courts, and from other public authorities on matters of legitimate public interest. [read post]
1 Oct 2010, 6:12 pm by Lyle Denniston
Roe, the Circuit Court said that the Constitution protects “an individual interest in avoiding disclosure of personal matters,” such as sexual activity, medical information, and financial matters. [read post]
1 Oct 2010, 10:02 am by Lawrence Solum
However, for originalists, original meaning, not original intent, is the proper object of judicial inquiry.11 Regardless of their personal views on moral matters, be they Platonists or Rortian ironists, judges who read the Constitution for its original public meaning are committed to the view that the Eighth Amendment, read for its original public meaning, requires them to declare unconstitutional punishments that are cruel and unusual. [read post]
29 Sep 2010, 12:02 am by John Steele
 And I also seem to recall -- and if I'm wrong you'd do me a favor of pointing it out in the comments -- there was a split in the cases about the enforceability of copyrights for model statutes. [read post]
27 Sep 2010, 12:35 pm by Andrew Frisch
The court further noted that the inquiry is fact-intensive, and if there is evidence “on both sides of the question,” the facts should be determined by a jury. [read post]
23 Sep 2010, 11:24 am by Adrian Dayton
My inquiry began by looking at all the law blogs of the Am Law 100 firms. [read post]
18 Sep 2010, 9:49 am by Marta Requejo
Do the legal qualities of the alleged perpetrator of the violative conduct matter? [read post]
17 Sep 2010, 8:20 pm by Kenneth Anderson
Do the legal qualities of the alleged perpetrator of the violative conduct matter? [read post]
17 Sep 2010, 9:36 am
She did not respond to further inquiries as to whether educational materials will be disseminated to employees. [read post]