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24 Mar 2016, 9:01 pm by Vikram David Amar and Michael Schaps
But last week the Ninth Circuit decided a case that shows how tricky government consideration of race can be, and how lower court judges sometimes make missteps in this complex area.The case is Mitchell v. [read post]
7 Feb 2016, 4:04 pm by INFORRM
On 4 February 2016 Mitting J heard an application concerning costs in the case of Miller v Associated Newspapers. [read post]
4 Jan 2016, 8:00 pm by John Ehrett
Davis 15-424Issue: Whether the First Amendment protects a speaker against a state-law right-of-publicity claim that challenges the realistic portrayal of a person in an expressive work. [read post]
17 Dec 2015, 9:01 pm by Vikram David Amar and Michael Schaps
By now most Verdict readers have probably heard about Justice Scalia’s provocative comments at last week’s oral argument in Fisher v. [read post]
21 Nov 2015, 5:05 am by Marty Lederman
As I explained in these two posts, the plaintiffs in Miller v. [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]
23 Sep 2015, 9:01 pm by Vikram David Amar
In such cases, the Supreme Court has made clear in Washington v. [read post]
21 Sep 2015, 7:20 pm by Marty Lederman
The plaintiffs in the Kim Davis case have now made a motion to Judge Bunning to require the Deputy Clerks in Rowan County to go back to issuing marriage licenses in the form that Deputy Clerk Mason was issuing while Clerk Kim Davis was in federal custody--rather than the radically adulterated form that Davis directed Mason to issue once she returned to work. [read post]
21 Sep 2015, 1:15 pm
Marty Lederman pointed out this status report filed today in the Kim Davis case (Miller v. [read post]