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20 Jul 2017, 4:14 pm by Eugene Volokh
” … [T]he First Amendment constitutionally bars the government from criminally punishing 1) true speech about the conduct of public officials, regardless of the intent motivating the speech, and 2) false statements about the conduct of public officials unless knowingly false or made with reckless disregard of their falsity (i.e., unless made with actual malice). [read post]
20 Jul 2017, 11:00 am by Jane Chong
” In unpacking this phrase, consider first what Black consciously does not. [read post]
17 Jul 2017, 5:12 am by Sam Bray
At the end of Day 6 in the Creation Overture (1:12:3), the divine summation is: “And God saw everything that he had made, and lo, it was exceedingly good. [read post]
16 Jul 2017, 4:49 pm
The latest issue of the Business and Human Rights Journal (Vol. 2, no. 1, January 2017) is out. [read post]
12 Jul 2017, 11:18 am by Steve Vladeck
Court of Appeals for the 4th Circuit issued its 10-3 en banc decision affirming a nationwide injunction of the key provision of the travel ban on Thursday, May 25, the government waited a full week before applying to Chief Justice John Roberts for a stay of that decision (pending the Supreme Court’s disposition of the government’s contemporaneous cert petition). [read post]
12 Jul 2017, 7:40 am by Josh Blackman
Holder: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. [read post]
10 Jul 2017, 3:00 pm by Rick St. Hilaire
John Doe, where fruits and contraband of John Doe's crime may be forfeited to the government after conviction, including any illegal money derived from the proceeds.Cuneiform tablet seized by U.S. [read post]