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28 Jan 2014, 3:36 pm by Marty Lederman
”  As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
5 Jun 2018, 4:11 am by Edith Roberts
The first was Hughes v. [read post]
2 Sep 2017, 5:33 pm by Chuck Cosson
  For example, Harding observes critically a tradition where important concepts in science, such as objectivity v. subjectivity, reason v. emotion, and mind v. body, were considered to have a gendered quality; with the former being masculine and the latter being feminine.[10] Similarly, I ask critically here if the distinction I’ve drawn between “tools” and “cyberspace” is susceptible to the same assumptions. [read post]
  One critique of this approach may be that “business common sense” is an abstract concept which may be hard to pin down. [read post]
For various reasons, prosecutors in this field often find it hard to secure convictions in offences where dishonesty is an element of the offence. [read post]
2 Mar 2008, 1:18 pm
FWIW, my own suggestion for other highly influential state law cases besides Van Gorkom, in the comments section, was Aronson v. [read post]
23 Jun 2009, 10:11 pm
Tags: Affirmative Action, Northwest Austin v. [read post]
2 Mar 2010, 11:10 am by Orin Kerr
You would have the same result with hard Fourth Amendment issues that produced a deep circuit split. [read post]
30 Sep 2009, 4:27 am
  In this case the Church had gone through some hard times. [read post]