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31 Oct 2016, 7:07 am by David Post
To the extent “intermediate scrutiny” has teeth — and I’m generally skeptical of this point — it comes in part (b): Has the government demonstrated that these disclosure provisions do not “burden substantially more speech than necessary” to advance that interest? [read post]
20 Aug 2009, 5:38 pm
(A follow up of Laudan's work with Allen appears here, dealing with Bail and Crime.)I registered some of my disagreements with the first Deadly Dilemmas piece here on Prawfs, but was overall quite impressed with much of the article, and Laudan's more general program to rethink the relationship between error rates and the obligations of a liberal state. [read post]
23 Feb 2016, 3:15 pm by Benjamin Wittes
I am far more interested in the question of what rule changes the administration proposes than I am in the question of whether those rules get carried out on a military base in Cuba or in military facility in the United States. [read post]
10 Oct 2008, 10:11 pm
The Connecticut Supreme Court in a 4-3 decision today overturned the state's ban on same-sex marriages. [read post]
6 Jan 2011, 7:05 am by Paul Horwitz
"This is a powerful, learned, eloquent and wonderfully accessible account of the multi-layered and intractable tensions between religion's commitment to doctrinal truths and the liberal state's commitment to a non theistic--which does not necessarily mean anti-theistic--political order. [read post]
11 Jun 2014, 5:03 am
My colleague Evan Tager (Mayer Brown’s Punitive Damages blog) has a very interesting post about the forthcoming Ninth Circuit en banc punitive damages case, Arizona v. [read post]
23 Mar 2015, 8:18 am
" Here, the Boxlers argued for a second purpose - it gave the non-seller cotenant the right to purchase the selling cotenant's interest at the price of a fractional interest. [read post]
5 Nov 2015, 8:32 am
"Yes, that's a bit extreme and over-politicized, but I'm interested in the precedence given to "play," the different meanings of "play," and the work/play distinction.There seems to be an assumption that if something is a game, it should be play and not work. [read post]
28 Apr 2015, 7:22 am by Gritsforbreakfast
With a half-dozen Texas Electronic Privacy Coalition volunteers gathered around the chairman's desk along with some staffers and interested members, Rep. [read post]
24 Jul 2023, 5:40 pm by Jack Bogdanski
These were taken before the state outlawed showing the world who's been arrested. [read post]
16 Jan 2018, 4:30 am by Jon Hyman
”  Also, I’m a Ned Stark, and a Mickey & Minnie. [read post]
20 Jul 2008, 6:16 am
The sad thing is that prominent conservatives like Pushaw and Eastman seem to have accepted the state of things. [read post]
6 Aug 2012, 2:28 pm by Matthew David Brozik
So I’m challenging myself to find something interesting about the 23-page June 26, 2012, decision of the United States Court of Appeals for the Second Circuit—as I write about it. [read post]
31 Jul 2017, 3:00 am by Biglaw Investor
Check out The Biglaw Investor or read State of the Roboadvisors Many people have asked me to write a post about roboadvisors. [read post]