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28 Apr 2015, 12:29 pm by MOTP
So why should the former be a matter of arbitrability properly passed on by the Court, but the latter a matter to be arbitrated (rather than a threshold matter of whether an arbitration referral is (still) appropriate, or has been forfeited by undue delay? [read post]
5 May 2022, 5:01 am by Susan Markham
While the Biden-Harris administration’s strategy may be new, the connections between women’s advancement, peace, gender issues and national security are not. [read post]
Phillips makes under the free speech clause is straightforward: he feels that he expresses himself through the custom cakes he creates, and that he would be impermissibly compelled to express himself in ways he disagrees with if he were forced (by virtue of Colorado’s anti-discrimination law) to create cakes for same-sex weddings.As a doctrinal matter, his claim ostensibly implicates the First Amendment’s concern over “compelled speech. [read post]
5 Dec 2016, 7:42 pm by Amy Howe
“It is a very tough matter,” observed Justice Stephen Breyer, summarizing the questions with which the justices were grappling today. [read post]
12 Nov 2008, 8:24 pm
“We can’t expect the courts or the cities for that matter to investigate in every case what the degree of the Government’s involvement [is]. [read post]
30 May 2013, 4:00 am by Administrator
“Valour Rather Than Prudence”: Hard Times And Hard Choices For Canada’s Legal Academy Harry Arthurs (2013) 76 (1) Saskatchewan Law Review Excerpt: Part C, The Return of Legal Fundamentalism [Footnotes converted to endnotes and renumbered.] [read post]
3 Mar 2022, 6:51 am by Howard M. Wasserman
Harris said the agency’s statutory mission matters, so it is impossible to group them together in a single answer. [read post]
4 Nov 2018, 6:21 am by David E. Bernstein
The most egregious and persistent attacks on the Koch brothers came from then–Senate Majority Leader Harry Reid, a Nevada Democrat. [read post]
10 Aug 2018, 5:15 pm by Rebecca Tushnet
If you just want the copy, it might not matter. [read post]
16 Nov 2022, 1:33 pm by Neil H. Buchanan
  However, we can say definitively that (1) and (3) are now out because, respectively, Democrats won the governors' races in every key state but Georgia, and Kamala Harris is still VP. [read post]
9 Dec 2020, 5:21 am by Carrie Cordero, Katrina Mulligan
The department must reorient itself toward a comprehensive mission of protecting the safety of Americans, as a matter of both policy priority and public relations. [read post]