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22 Jul 2014, 8:51 am by Evan Brown (@internetcases)
This power is indeed potentially greater than any legal or governmental power to constrain the generation and distribution of content. [read post]
19 Jun 2018, 3:43 pm by Steve Gottlieb
Commentators have treated the Court’s decision in Whitford v. [read post]
23 Sep 2020, 7:08 am by ACLU
To understand what’s going on, we have to go back a few years to the marriage equality victories at the Supreme Court in 2015 in Obergefell v. [read post]
21 Nov 2008, 9:59 pm
But, in a progression well known to historians (and in ways that have only intensified in the last generation), a nation that initially structures itself around a central fear of governmental abuse and power nonetheless, as it ages, becomes more and more convinced that its exercise of governmental power isn't so bad, and that citizens need to accept (or at least submit) to such power lest there be untoward consequences. [read post]
2 Apr 2008, 10:11 am
Sure, as it turns out, the Governor does't actually have the power to reverse parole grants for people convicted of conspiracy to commit murder, as opposed to actual murder. [read post]
14 May 2019, 6:48 am by David Oscar Markus
Gorsuch, who joined the court in 2017, wrote the dissent.The class-action lawsuit focuses on the fees that Apple takes on sales in its App Store, which millions of people use every day to download games, messaging apps and other programs. [read post]
15 Oct 2010, 11:53 am by Jonathan H. Adler
The more I participate in discussions on the constitutionality of the individual mandate, the more it feels to me like a replay of the debate over the limits of federal commerce clause power prior to the Supreme Court’s decision in United States v. [read post]
6 Nov 2020, 12:18 pm by Marty Lederman
  And therefore it's not the taxing power that affords Congress the authority to tell people to "do nothing. [read post]
10 Apr 2018, 11:38 am by Matt Maurer
In the recent case of Heller v. [read post]
1 Feb 2007, 12:15 pm
It's another case that, as a practical matter, both increases the authority of the police to combat crime as well as provides a powerful tool for individuals to harass their enemies. [read post]
24 Jul 2020, 1:20 pm
We are not persuaded by the prosecutor’s argument that he “use[s] them in Power Point closings” and the trial court’s conclusion that the photograph was admissible to “remind the jury of who she is. [read post]