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21 Feb 2024, 1:34 pm by Eric Goldman
” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] [read post]
21 Feb 2024, 9:00 am by William Banks
” Although the terms of the Insurrection Act suggested that the militias would be federalized when civilian authorities were overwhelmed, in 1827 the Supreme Court indicated, in a case called Martin v. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
Jacobson (4th Cir. 1993) (recognizing the "concern that the jury's very knowledge that pseudonyms were being used" could "tend to validate" the plaintiff's claims); see also Doe v. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
21 Feb 2024, 5:52 am by Ivan Horodyskyy
For instance, in lawsuits from business, compensation for “lost profits” is often awarded.[3] However, practice of the ICJ in the “DR Congo v. [read post]
20 Feb 2024, 4:56 pm by Brian Clark and Joshua Smeltzer
The use of a particular Code Section is functionally determined by the “origin-of-the-claim” test set forth in United States v. [read post]
20 Feb 2024, 4:08 pm by Michel-Adrien
The Supreme Court of Canada (SCC), in 1999, first interpreted section 718.2(e) in R v Gladue.⁠ Through this case, the SCC clarified that judges need to consider the unique systemic factors which may have played a part in bringing an Indigenous offender before the courts. [read post]