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24 Jan 2022, 1:49 pm by ACLU
When it comes to other issues involving the separation of church and state, the administration supported the state of Maine’s right to refuse funding for religious education in a recent Supreme Court case. [read post]
31 Jan 2013, 9:01 pm by Vikram David Amar
In my column today, I explore what might be learned from the decision by the House of Representatives last week and the seemingly imminent (as of this writing) decision of the Senate this week to pass a bill that seems on its face to directly violate the clear text of the Constitution. [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
The one possible difference between the criminal libel trial and the criminal contempt trial in a catchall injunction case is that a jury must be provided in most criminal cases—including criminal libel cases—if the maximum statutory authorized sentence is over 6 months (or some lower threshold set by state law), but a jury must be provided in criminal contempt cases only if the actual sentence is over 6 months. [read post]
29 Dec 2017, 10:28 pm by Orin Kerr
I gather one consequence of my proposed approach would be that the Court would likely need to overturn United States v. [read post]
17 Nov 2013, 5:30 am by Barry Sookman
http://t.co/TWdAOrAlln -> Social Worker’s Facebook Rant Justified Termination — Shepherd v. [read post]
31 Aug 2015, 10:50 am
And here’s a link to my sixth post, where I discuss various other inherent judicial powers, including the power to make common law in subject-matter “enclaves” like admiralty or foreign affairs, craft defenses, and design remedies. [read post]