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4 Aug 2022, 7:14 am by Jorge Contreras
Myriad and Gene Patenting As I document in my book The Genome Defense: Inside the Epic Legal Battle Over Who Owns Your DNA (New York: Algonquin, 2021), the Myriad case was brought by the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PubPat) in response to widespread complaints that individuals at high risk of having one or more deleterious BRCA mutations could not afford, or were otherwise ineligible to receive, the BRCA testing that… [read post]
2 Aug 2022, 8:14 am by Eric Segall
That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be deeply rooted in this Nation’s history and tradition and implicit in the concept of ordered liberty (citations omitted).Here are numerous examples of important Supreme Court cases that either lack any textual foundation or are directly inconsistent with the constitutional text. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
They are about a plurality of constitutional faiths despite a single legal text. [read post]
1 Aug 2022, 1:49 pm by Lawrence Solum
Procedural due process, this Article will demonstrate, is a product of liberal adversary democracy, providing one of the most foundational defensive guarantees that both protects individual liberty and legitimizes democracy itself. [read post]
28 Jul 2022, 10:01 am by Eugene Volokh
Attorney who gave the government's closing rebuttal surely knew this longstanding and foundational rule of law. [read post]
27 Jul 2022, 10:35 am by Guest Author
Novak’s explication of legal texts is unfailingly perceptive and revealing. [read post]
27 Jul 2022, 5:01 am by Irina Manta, Cassandra Burke Robertson
Today, only the residents of American Samoa have not been granted statutory citizenship and are legally considered to be noncitizen nationals. [read post]
27 Jul 2022, 3:56 am by Sang-Min Kim
A nonprofit legal watchdog launched complaints in March contending that the attorneys disregarded the U.S. [read post]
22 Jul 2022, 5:02 am by Stephanie Pell
Nakasone also referenced the fact that there are legal barriers and disincentives for the private sector to share information with the government. [read post]
19 Jul 2022, 5:01 am by Eugene Volokh
To hold that such publications can be suppressed as false reports, subjects to new perils the constitutional liberty of the press …. [read post]
18 Jul 2022, 11:41 am by Benjamin Pollard
The discussion will be moderated by Elizabeth Slattery, senior legal fellow at the Pacific Legal Foundation. [read post]
15 Jul 2022, 12:23 pm by Anastasia Boden and Elizabeth Slattery
Anastasia Boden is a senior attorney and Elizabeth Slattery is a senior legal fellow at Pacific Legal Foundation, a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse. [read post]
15 Jul 2022, 4:00 am by Jim Sedor
The result has been a rush of state bills and legal maneuvers that could reinforce information bubbles in a nation divided over a variety of issues and along geographic lines. [read post]
14 Jul 2022, 9:01 pm by John R. Vile
It is clear that some precedents had greater staying power than others, but perhaps the argument that a precedent should stand because it remains in place will always have a certain circular quality to it.In Dobbs, Justice Alito reasoned that the doctrinal foundations of Roe had been based on the mistaken belief that legal abortion was widespread when the Fourteenth Amendment was adopted and on an unconvincing extraconstitutional distinction between pre-viability and… [read post]
13 Jul 2022, 4:09 pm by INFORRM
This was David Cameron, who, in the Mail, 15 June 2014, called the Charter “a great document in our history – what my favourite book, Our Island Story [1905, republished by Civitas in 2005], describes as the ‘foundation of all our laws and liberties’. [read post]
8 Jul 2022, 5:01 am by Elliot Setzer
Following the full Eighth Circuit’s decision, the American Civil Liberties Union—which represents the Arkansas Times—pledged to appeal to the Supreme Court. [read post]
8 Jul 2022, 4:00 am by Jim Sedor
Critics say those who helped legitimize the former president’s lies should not be allowed to use it as a foundation to build their legal practices. [read post]
5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer
As legal journalist Anthony Lewis wrote, “A landmark such as Sullivan becomes a set of symbols. [read post]