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15 Jun 2022, 5:01 am by Eugene Volokh
Consider decision A, the rule that the government may not restrict political advocacy unless the advocacy creates a "clear and present danger" of some serious harm; decision B, the extension of this protection to entertainment as well as serious political discourse, a step the Court took in the 1948 Winters v. [read post]
14 Jun 2022, 5:58 am by Legal Profession Prof
A summary of an oral argument held before the Georgia Supreme Court on May 18 DOUGLAS COE et al. v. [read post]
11 Jun 2022, 5:34 am by Just Security
Eisen (@NormEisen), Fred Wertheimer (@FredWertheimer), Jason Powell, Debra Perlin (@DebraPerlin) and Colby Galliher Cybersecurity NATO’s 2022 Strategic Concept Must Enhance Digital Access and Capacities  by Chris Dolan Civilian Harm in Armed Conflict US Military Support to the Saudi-Led Coalition in Yemen Amid Civilian Toll: Mapping the Connections by Priyanka Motaparthy (@priyanica) and Tony Wilson (@SecForceMonitor) Don’t Forget Your Friends: Risks and Opportunities in Security… [read post]
10 Jun 2022, 9:32 pm by Public Employment Law Press
Facility Warden, 112 AD3d 1350, 1351 [4th Dept 2013], lv denied 22 NY3d 864 [2014]), and it "is not of the type that typically evades review" (Wisholek v Douglas, 97 NY2d 740, 742 [2002]). [read post]
10 Jun 2022, 9:32 pm by Public Employment Law Press
Facility Warden, 112 AD3d 1350, 1351 [4th Dept 2013], lv denied 22 NY3d 864 [2014]), and it "is not of the type that typically evades review" (Wisholek v Douglas, 97 NY2d 740, 742 [2002]). [read post]
9 Jun 2022, 9:23 am by Stephen Rosenberg
The statute, though, doesn’t address what more is needed for actionable retaliation to lie, and that is the interesting aspect of a recent decision, Joffe v. [read post]
7 Jun 2022, 5:45 am by Howard Friedman
Another Paper Attempting to Reconcile Abortion Jurisprudence and the Doctrine of Precedent Considering Dobbs v. [read post]
6 Jun 2022, 11:47 am by Resnick Law Group, P.C.
This is known as the “McDonnell Douglas framework,” after the Supreme Court’s 1973 ruling in McDonnell Douglas Corp. v. [read post]
1 Jun 2022, 1:39 pm by Eugene Volokh
But that argument—which was actually made by Justices Goldberg and Douglas (and largely echoed by Justice Black) in New York Times v. [read post]