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7 Jun 2010, 10:04 am
Vol. 2, No. 15, June 5, 2010 The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
24 Oct 2014, 5:45 am
Other courts have, however, considered the matter.The Nevada Supreme Court has concluded that a PowerPoint, `as an advocate's tool, is not inherently good or bad” and that “its propriety depends on content and application. [read post]
9 Sep 2020, 4:01 am
This piece is cross-posted at the Volokh Conspiracy. [read post]
28 Jan 2019, 4:43 am
Justice Robert Jackson famously maintained that a presidential claim of exclusive power faces a “severe” test since it lies at the “lowest ebb” of presidential power and is “most vulnerable to attack and in the least favorable of possible constitutional postures. [read post]
6 Jul 2022, 7:01 am
Again and again in recent years, current and former Justice Department officials—along with academics, journalists, and other commentators—have struggled to explain to the public the importance of Justice Department independence: the idea that the powers of law enforcement should not be wielded as a tool of political power. [read post]
25 Jun 2024, 3:07 pm
The Supreme Court decided Smith v. [read post]
25 May 2016, 12:44 pm
It's what prevents the mechanical application of the law in a fashion that would itself be tyrannical. [read post]
15 Feb 2018, 10:00 am
Last year, Judge William H. [read post]
5 May 2015, 6:00 am
The basic decision we made was to embrace the theme for this chapter that the modern era is one of renewed "Controversy" over the meaning and application of the Constitution, and to be both up-front about our views and try doubly hard to fair to opposing views. [read post]
29 Mar 2017, 11:00 am
This suggested a rather significant problem for the third-party doctrine argument Cramer had just advanced (and note the problem this sort of analysis poses for the post-9/11 application of the third-party doctrine to the bulk collection of communications metadata). [read post]
24 Feb 2023, 8:02 am
Seemingly drawing on an amicus brief filed by the Cyber Civil Rights Initiative, Justice Ketanji Brown Jackson suggested courts should place greater weight on Section 230(c)(2)’s language describing platform actions “taken in good faith” to moderate content—an interpretation that would limit the statute’s protections for platforms refusing to behave as responsible stewards. [read post]
30 Sep 2020, 9:00 am
She also said contract tracing is important in the workplace and could emphasize: (1) when employees’ symptoms started; (2) whether employees had close contacts with infected persons such as through work, car pools, or work-adjacent activities; and (3) when an employee last was at work or when an employee was last tested for infection.Speaking on that same panel, Kathryn Montgomery Moran, principal, at Jackson Lewis P.C., observed that COVID-19 requires companies to focus on business… [read post]
16 Aug 2015, 7:30 pm
Six to eight inches of rain fell in my neighborhood this past Friday night. [read post]
15 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
13 Jun 2022, 6:06 am
Jackson Women’s Health Organization, in which the court overturned Roe v. [read post]
16 Jun 2017, 5:30 am
District Judge Amy Berman Jackson concluded last year that there was a constitutionally-based deliberative process component to the executive privilege. [read post]
6 Dec 2022, 5:01 am
He points out that presidents have long used rhetoric to influence public opinion and advance policy priorities, and he cites use of the bully pulpit by Andrew Jackson, Theodore Roosevelt, Woodrow Wilson, and Joe Biden to support his contention that the bully pulpit is “one of the primary functions of the American President. [read post]
12 Jul 2019, 12:21 pm
Jackson Hall, on behalf of the government, argued that the prosecution seeks three specific things: the establishment of a new closed caption television (CCTV) remote site at the Pentagon and the designation of Fort Meade as an additional CCTV site. [read post]
27 Oct 2016, 10:33 am
As the U.K. government prepares itself for the beginning of Brexit negotiations in March 2017, it is becoming increasingly clear that there is no off-ramp—and, for that matter, no brakes on the car. [read post]
20 Sep 2019, 12:06 pm
— Jack Goldsmith (@jacklgoldsmith) September 19, 2019 13/ These are super-hard problems, but I fear that the attacks on presidential secrecy here are (in Jackson’s words) “confusing the issue of a power's validity with the cause it is invoked to promote, of confounding the permanent executive office with its temporary occupant. [read post]
