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28 Jan 2011, 5:00 am
  And every day, there are special interest groups across the state working to limit the rights of the injured. [read post]
10 Apr 2021, 6:47 am
And historically, strict scrutiny requires the State to further 'interests of the highest order' by means 'narrowly tailored in pursuit of those interests.' That standard 'is not watered down'; it 'really means what it says.'Kagan's point is that all those exceptions were for activities that were not comparable — they were the apples in comparison to which the private-home religious meetings were watermelons. [read post]
25 Apr 2012, 8:00 am by Bruce Carton
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I live in a "concealed carry" state for guns, and I am all for it. [read post]
4 Aug 2013, 5:09 am by Peter Mahler
On defendants’ motion for summary judgment, Manhattan Supreme Court Justice Ellen M. [read post]
5 Mar 2012, 3:24 am
It exposes the consequences of expansion for state sovereignty and individual rights, and suggests a solution that moves beyond ambiguous gravity to interrogate the interests at stake in decisions about international criminal adjudication. [read post]
14 Dec 2007, 4:21 am
Drawing on examples of abortion regulation now in state legislatures, the roundtable will examine the constituent elements of the government's interest in regulating abortion, including the government's asserted interest in protecting women from psychological harms associated with the abortion decision and the equities of imposing more extensive and value-laden informed consent requirements, as many states are now contemplating. [read post]
15 Jun 2018, 2:09 pm by Eugene Volokh
Thus, the trial court's order can only be upheld if the State establishes that coercing Ronchi's testimony furthers a compelling governmental interest and is the least restrictive means to further that interest. [read post]
15 Jun 2012, 2:52 pm by Eugene Volokh
Rather, I’m asking whether the defendant could reasonably have been found guilty of this crime, which requires that the drawing appeal to a minor’s prurient interest in sex. [read post]
28 Oct 2009, 5:37 am
This morning I read an interesting article regarding the cruise industry's nasty practice of dumping raw sewage just three miles offshore and, sometimes, in state waters. [read post]
5 Nov 2010, 7:29 am by Matt Gardner
The Iowa Supreme Court released an interesting decision today setting a new legal precedent for the state of Iowa. [read post]
7 Aug 2008, 5:50 am
I'm not sufficiently familiar with the legal questions to have a settled view on whether the government's doctrinal arguments against Parhat's requested remedy are compelling. [read post]
The Delaware General Assembly has adopted, and Delaware’s governor has signed into law, several important amendments to the States General Corporation Law (the “DGCL”) and Limited Liability Company Act (the “DLLCA”). [read post]
14 Oct 2021, 8:41 am
We can take the first steps down that path as we begin to solve our…problem.'" From "America’s state of malaise/We have become cynical as Biden starts to blend with Jimmy Carter" by Peter Van Buren (Spectator).Here, feast upon Carter's "malaise" speech (about which I must say, lest you feel you need to say, the word "malaise" never appears): I'm blogging this because earlier this morning —… [read post]
17 Mar 2013, 1:55 am
Frédéric Mégret (McGill Univ. - Law) has posted The Humanitarian Problem with Drones. [read post]
23 May 2023, 1:31 pm by Matt Grimshaw
Therefore, the court will refer to your states laws regarding custody when modifying your child custody order and possibly relocating your children. [read post]