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22 Feb 2024, 7:28 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 2024. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 at 836, of effecting such an extraconstitutional condition, where that ballot exclusion will have the “likely effect of handicapping” the ability of the excluded persons from holding the office, id.This argument is elaborated upon and sharpened in Part I of the amicus brief for Senator Steve Daines, filed by Jones Day.As applied to what Colorado has done here (or what it would do if it removed Trump’s name from the primary ballot, which in… [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
 at 836, of effecting such an extraconstitutional condition, where that ballot exclusion will have the “likely effect of handicapping” the ability of the excluded persons from holding the office, id.This argument is elaborated upon and sharpened in Part I of the amicus brief for Senator Steve Daines, filed by Jones Day.As applied to what Colorado has done here (or what it would do if it removed Trump’s name from the primary ballot, which in… [read post]
2 Feb 2024, 7:27 am by Marty Lederman
”  The Colorado Secretary of State adds (Br. at 23), somewhat obliquely, that the Colorado legislature “direct[ed]“ Colorado’s courts “to implement the promise of the Fourteenth Amendment. [read post]
5 Jan 2024, 3:00 am by Jim Sedor
Judge to Bar Trump Misinformation at Trial MSN – Perry Stein and Rachel Weiner (Washington Post) | Published: 12/27/2023 Federal prosecutors asked a judge to prohibit Donald Trump’s attorneys from introducing at his federal election obstruction trial “irrelevant disinformation” that is often part of Trump’s campaign speeches, such as President Biden coordinated with the Justice Department to bring criminal charges against him. [read post]
30 Nov 2023, 2:02 pm by Eugene Volokh
The statute is limited, in relevant part, to cases brought based on defendants' speech that "contribute[d] to or further[ed] the public conversation on an issue of public interest," and the court concluded that Gina's speech didn't qualify: The complaint alleges that plaintiff and defendant Nishat Sheikh began a romantic relationship when plaintiff was a junior in high school. [read post]
29 Nov 2023, 10:46 am by Sasha Volokh
  Private status might be correlated with some relevant factors, but it generally isn't part of the actual test. [read post]
27 Nov 2023, 8:45 am by Eugene Volokh
For instance, one ex-Confederate politician maintained that the Republicans "operat[ed] chiefly through secret political societies … particularly among the blacks" although there was "no justification, at this time, for any secret political organization," violent or non-violent. [read post]
13 Nov 2023, 5:47 am by Arthur Holland Michel
National Security Commission on AI, which was led by Google ex-CEO Eric Schmidt as part of his multi-pronged campaign for digital transformation in Washington, has written that “defending against AI-capable adversaries operating at machine speeds without employing AI is an invitation to disaster. [read post]
3 Nov 2023, 3:01 pm by Daniel J. Gilman
Ed Market (D-Mass.) tweeted (yes, that was a thing already): If the @FCC kills #NetNeutrality, the internet will never be the same. [read post]
21 Oct 2023, 5:55 am by Russell Knight
Marital property of the spouse NOT declaring bankruptcy should NOT be part of the bankruptcy estate. [read post]