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10 Aug 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
Leonhardt presents these two instances as examples of “defying” and “confront[ing]” the Court; of “checking” judicial power; and of “undo[ing]” the Court’s rulings. [read post]
28 Jul 2022, 10:02 am by Eric Goldman
What is more, the record shows that the Trustees hid or deleted negative comments from the Garniers that were not repetitive but did not similarly hide or delete positive comments from other people. [read post]
28 Jul 2022, 6:30 am by Guest Blogger
About 70 years later, SCOTUS moved away from this theistic definition in Torcaso v Watkins where it held that the Establishment Clause prohibits government from ‘aid[ing] those religions based on a belief in the existence of God as against those religions founded on different beliefs’. [read post]
19 Jul 2022, 5:01 am by Eugene Volokh
United States,[16] reasoning in part that the First Amendment did not extend to "weaken[ing] or debas[ing]" the "morale of the armies" through "question or calumny of the motives of authority. [read post]
12 Jul 2022, 6:06 am by Ambassador P. Michael McKinley (ret.)
It includes constructing “a full record of wrongdoing; pursu[ing] deterrence through consequences for wrongdoing; rebuild[ing] prescriptive norms of acceptable political behavior; and generat[ing] shared narratives. [read post]