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10 Sep 2015, 11:40 am by Second Circuit Civil Rights Blog
Summum case, where the Supreme Court said the government was not required to post a private organization's religious monument in a public park, which had already contained 15 permanent monuments, including a 10 Commandments monument. [read post]
28 Aug 2014, 6:19 am by Second Circuit Civil Rights Blog
One small point of interest to qualified immunity junkies is the Court's observation that clearly-established law can be determined by reviewing not just Supreme Court and Second Circuit cases but also rulings from other federal appellate courts. [read post]
21 Apr 2022, 11:57 am by Daniel Shaviro
And I discuss the relevance to the analysis of the current Supreme Court's right-wing ideological orientation. [read post]
11 Nov 2015, 2:03 pm by Mark Tushnet
The symposium's editors frame the articles by observing that scholarship in constitutional law is rarely empirical (according to their definition). [read post]
20 May 2008, 5:01 pm
Monday's Supreme Court decision in United States v. [read post]
14 Dec 2022, 6:14 am by Eugene Volokh
As the United States Supreme Court has noted, "People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing. [read post]
18 Sep 2014, 9:22 am by Ken White
Shenck is the low water mark of the Supreme Court's protection of speech. [read post]
3 Jun 2016, 5:35 am
The Court of Appeals went on to explain that[w]e are not persuaded otherwise by Tomlinson's contention that Janzen's report lacked credibility because he did not personally observe Tomlinson—or even hear her speak—before he told police she was intoxicated. [read post]
21 Dec 2011, 12:49 pm
Maybe we're missing the part that money and goods are simply an exchange between two people. [read post]
2 Dec 2015, 6:56 am
Stewart, 55 P.3d 107 (Colorado Supreme Court 2002); People v. [read post]
4 Mar 2019, 2:29 pm by Eugene Volokh
In my view, the decision of the New Jersey Supreme Court is in serious tension with this Court's religiousequality precedents. [read post]
19 Dec 2014, 5:12 am
Supreme Court held that an arrest for a traffic violation generally does not justify a search of an arrestee's vehicle absent genuine safety or evidentiary concerns. [read post]
6 Dec 2023, 5:10 am by Eric Segall
---------------------------------------------------------------------Postscript: I'd be thrilled to have a 13-member Supreme Court, like the selection committee. [read post]
8 Jun 2008, 2:40 pm
Karl Llewellyn haunted the Supreme Court this term, when Ali v Federal Bureau of Prisons was handed down on January 22nd. [read post]
17 Jun 2021, 3:16 pm by Ilya Somin
The Washington Post just published my op ed on today's Supreme Court ruling in California v. [read post]
19 Aug 2010, 4:10 am by Steve Shiffrin
The question is nicely presented to the Supreme Court in Snyder v. [read post]