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City of Newark, about two decades ago, then-judge Alito wrote for a Third Circuit panel applying heightened scrutiny and requiring the Newark Police Department to grant an accommodation from its no-facial-hair grooming policy for police officers to an individual officer who wanted to maintain a beard for religious purposes. [read post]
26 Apr 2021, 1:10 pm by Amy Howe
Justice Stephen Breyer expressed concern about the broader implications of the court’s ruling, including for campaign-finance laws. [read post]
23 Apr 2021, 2:57 pm by Josh Blackman
I want it to be understood that this remark is made in my capacity as a private citizen who by the accident of his office happens to have acquired an intimate acquaintance with the facts of this case. [read post]
16 Apr 2021, 4:14 am by INFORRM
Ongoing debate about the status of Justice Breyer have arisen with some groups such as Demands Justice asking for the Supreme Court Justice’s retirement, Forbes reports. [read post]
Justice Clarence Thomas delivered the opinion of the Court, which was joined by Justices Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
9 Apr 2021, 6:00 am by Terry Hart
But it is also true that Justice Stephen Breyer went out of his way to say that he was only concerned with computer code, and that he was not trying to expand the general definition of ‘fair use’ in copyright law. [read post]
8 Apr 2021, 9:55 am by Eugene Volokh
I don't actually know whether claims against the US can go to the Copyright Office or have to go to the Court of Claims. [3.] [read post]
7 Apr 2021, 1:22 pm by Rebecca Tushnet
I don’t actually know whether claims against the US can go to the Copyright Office or have to go to the Court of Claims. [read post]
5 Apr 2021, 2:30 pm by Shea Denning
If law enforcement officers may enter a home to arrest a suspect who they have attempted to stop for a minor, fine-only offense, then as Justice Breyer put it, the home is not the castle for the most trivial of things. [read post]
1 Apr 2021, 5:53 am by Rob Robinson
Year M&A+I Data Points Activity By Month (Q1 2021) January – 3 February – 3 March – 4 Activity By Month (Q1 2020) January – 6 February – 2 March – 2 Activity By Month (Q1 2019) January – 11 February – 3 March – 1 M&A+I Events (Running Listing: November 2001 – Today) eDiscovery Mergers, Acquisitions, and Investments Event DateAcquired (Investee)Acquirer (Investor)Amount (Estimated $) 25-Mar-21RedscanKroll 25-Mar-21CrossRealms (Joint… [read post]
2 Mar 2021, 9:01 pm by Michael C. Dorf
By contrast, the test for inferior versus principal officers applies not to individual conduct but to Congress in passing laws. [read post]
16 Feb 2021, 9:01 pm by Michael C. Dorf
The Court (joined in this endeavor by more liberal Justices Breyer and Kagan) has found the Smith rule inapplicable to a broad swath of cases in which religious institutions claim a “ministerial exception” to general laws. [read post]
12 Feb 2021, 11:43 am by Rebecca Tushnet
Oman: Sent it back to Office twice and told them to look at Feist. [read post]
4 Feb 2021, 6:00 am by Mark Graber
  The exclusionary rule and Miranda warnings remain the law of the land, but they are now chocked with enough exceptions so that sophisticated police officers and prosecutors can usually find ways to admit the resulting incriminating evidence and confessions. [read post]
2 Feb 2021, 7:43 am by Cassandra Stubbs
Both Justices Breyer and Sotomayor wrote dissents, joined by Justices Ginsburg and Kagan. [read post]