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16 Sep 2020, 6:30 am by Sandy Levinson
  Of course, there is the reality that the Constitution was designed by people who were profoundly antagonistic to the notion of “democracy” inasmuch as that required some genuine faith in the capacity of ordinary people to engage in what Federalist 1 described as “reflection and choice” about how we should in fact be governed. [read post]
26 Mar 2024, 12:05 am by Josh Richman
Clearview AI, a 2020 lawsuit alleging violation of Illinois residents’ privacy rights under the Illinois Biometric Information Privacy Act  EFF’s amicus brief in ACLU v. [read post]
27 Sep 2013, 10:13 am by Rick Garnett
  Or, they could hold simply that the 1983 Marsh v. [read post]
19 Mar 2018, 11:34 am by Eugene Volokh
The National Lawyers Guild has an absolute right to choose what not to publish in the Dinner Journal's pages; and whatever antidiscrimination law might say about clubs' decisions about whom to admit (see Roberts v. [read post]
17 Jun 2015, 12:17 pm by Guest Blogger
” It was that “American Mormons were engaging in a practice thought to be characteristic of Asiatic and African peoples who were believed, at the time, to be civilizationally and racially inferior. [read post]
30 Jun 2014, 4:26 pm by Joey Fishkin
 The Court has opened a door here—one that the Court in Employment Division v. [read post]
10 Jan 2019, 6:33 am by John Jascob
” Clayton added that the SEC’s policy is meant to “restrict people who have done prior wrong from telling people, ‘pay no attention to that. [read post]
10 Aug 2018, 1:59 pm by Hannah Kris
Robert Chesney and Steve Vladeck hosted the National Security Law Podcast, in which they discussed the Guantanamo detention case Hamdi v. [read post]