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10 Aug 2022, 5:01 am
[F.] [read post]
3 Aug 2022, 5:01 am
AT&T Broadband, LLC, 313 F. [read post]
2 Aug 2022, 6:30 am
In this short essay, I don’t seek to answer those questions, but I do seek to uncover the significance of asking them. [read post]
31 Jul 2022, 6:30 am
In his Mitchell dissent, Justice Souter saw a break with doctrine “unequaled in the history of Establishment Clause interpretation,” appearing to substitute “even-handedness neutrality and in practical terms promote it to a single and sufficient test for the establishment of constitutionality of school aid”: "[I]f the government, seeking to further some legitimate secular purpose, offers aid on the same terms, without regard to religion, to all who… [read post]
28 Jul 2022, 7:19 am
We have all seen hundreds of advertisements over the years where a lawyer says “you don’t pay, if we don’t win. [read post]
27 Jul 2022, 10:35 am
William J. [read post]
26 Jul 2022, 5:01 am
Sullivan made such an argument, precisely on the grounds that the legal system can't be trusted in determining the truth or falsehood of allegations on matters of public concern (especially allegations about public figures). [read post]
24 Jul 2022, 12:23 pm
Department of the Interior, 88 F.3d 1191, 1200-01 (D.C. [read post]
22 Jul 2022, 5:01 am
Arneson, 766 F.3d 774, 793 (8th Cir. 2014) (applying the Brown v. [read post]
18 Jul 2022, 5:55 am
Baer, 383 U.S. 75, 92-93 (1966) (Stewart, J., concurring)). [7] E.g., Clipper Exxpress v. [read post]
11 Jul 2022, 2:50 pm
”[20] In closing, Justice Kavanaugh stated that “[t]he NCAA is not above the law. [read post]
7 Jul 2022, 11:21 am
United States, 7 F.2d 259 (2d Cir. 1925). [read post]
7 Jul 2022, 5:32 am
"[T]he fact that … the case involves highly personal subject matter … is not in itself dispositive. [read post]
6 Jul 2022, 10:05 am
Put another way, why doesn’t the Constitution’s own language—which announces an abstract right—delegate to current generations the task of figuring out how best to secure the right to keep and bear arms in contemporary circumsta [read post]
6 Jul 2022, 7:02 am
Oklahoma, 140 S.Ct. 2452, 2460-69, 2473-74 (2020)(Gorsuch, J.) [read post]
4 Jul 2022, 9:05 pm
Concluding that the EPA had claimed to discover “an unheralded power” to effect a “nationwide transition away from the use of coal to generate electricity,” it ruled in a 6-3 decision, authored by the Chief Justice, that: “[I]t is not plausible that Congress gave the EPA the authority to adopt on its own such a regulatory scheme in Section 111(d)” of the Clean Air Act.[18] Chief Justice Roberts’ decision, while greatly disappointing to… [read post]
30 Jun 2022, 9:25 am
S. 154, 163–164 (2010) (concluding that "[t]he word 'jurisdiction' . . . says nothing about whether a federal court has subject-matter jurisdiction to adjudicate claims"). [read post]
30 Jun 2022, 7:36 am
And it is limited by my modest knowledge of the medical aspects of abortion and related matters. [read post]
25 Jun 2022, 12:37 pm
Then lawyers moved in and divided a Texas town,“ written by J. [read post]
24 Jun 2022, 1:39 am
Canada, USA Prof Linda J. [read post]
