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25 Mar 2023, 8:13 am by Gene Takagi
Nonprofit Law at the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill (draft available here) Richard Hasen (author), Justin Levitt (discussant) “Many of the remaining regulations of money in politics could well be struck down as unconstitutional or rendered wholly ineffective by a Supreme Court increasingly hostile to the goals of campaign finance law and extremely solicitous of religious freedom. [read post]
22 Mar 2023, 5:01 am by Eugene Volokh
Quote: "It is unfortunate to see a former dean and esteemed law professor brought down by his own illegal actions," said U.S. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
17 Mar 2023, 11:48 am by Eugene Volokh
In response to the quickly dwindling number of states that allowed the cause of action to be brought, the Mississippi Supreme Court doubled down, stating "[w]e believe that the marital relationship is an important element in the foundation of our society. [read post]
16 Mar 2023, 5:04 am by Seán Binder
  Defense ministers and military chiefs from the U.S. and Russia held rare telephone conversations yesterday following the downing of a U.S. drone over the Black Sea. [read post]
13 Mar 2023, 9:15 am by Eugene Volokh
Public Utilities Commission of California, the Supreme Court struck down a regulation that would have forced a utility company to include information about a third party in its billing envelopes because the regulation "require[d] appellant to use its property as a vehicle for spreading a message with which it disagrees. [read post]
13 Mar 2023, 1:52 am by Jack Bogdanski
I don't know how he can say what he says and still not be backstabbed out of his job at the university down there. [read post]
3 Mar 2023, 10:08 am by Eugene Volokh
Note, though, that even if the statute is struck down on the second or third grounds, the same conduct (except perhaps pornographic shows in spaces rented from the government where minors are excluded) could be banned by a general prohibition on "harmful to minors" performances where minors are present, and might indeed already be banned by Tennessee law that regulates sexually themed performances (though I'm not positive about that). [read post]
3 Mar 2023, 7:52 am by Eugene Volokh
To end his life, Doe walked into a cemetery, opened his jacket, laid down on the snowy ground waiting for hypothermia to take him. [read post]
28 Feb 2023, 10:41 am by Eugene Volokh
Friend stood down the street from where the police were stationed and displayed a sign reading "Cops Ahead. [read post]
24 Feb 2023, 1:28 pm by Eugene Volokh
Part of the court's rationale for preliminary enjoining the pre-Roe laws (under the "balance of equities" prong of the preliminary injunction analysis) was that they restrict speech and fundraising about abortions and not just actually performing abortions: [T]he harms to Plaintiffs are severe—they will be unable to fulfill their core organizational missions, their speech will be suppressed, and they may even be forced to shut down. [read post]
24 Feb 2023, 9:16 am by Eugene Volokh
We don't want people to be able to follow us down the street at night yelling death threats. [read post]
22 Feb 2023, 1:53 pm by Eugene Volokh
I'm too slammed today to comment in detail on it, but I just thought I'd note the decision handed down today by Judge Mary Scriven (M.D. [read post]
18 Feb 2023, 9:45 am by Eugene Volokh
The fact that this will require an employer to take down a sign reading "White Applicants Only" hardly means that the law should be analyzed as one regulating the employer's speech rather than conduct. [read post]
17 Feb 2023, 6:13 am by Eugene Volokh
Wysock handed down Wednesday by Third Circuit Judge Stephanos Bibas, sitting by designation in the District of Delaware: I have already written two opinions describing this case's facts. [read post]