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4 Oct 2021, 4:00 am by Howard Friedman
Aziz, Reflections on Security, Race, and Rights Twenty Years After 9/11, (12 J. [read post]
29 Sep 2021, 5:01 am by Jonathan Shaub
But, as a practical matter, the committee may never receive it. [read post]
24 Sep 2021, 12:08 pm by Eugene Volokh
Facebook, a split Third Circuit panel (in an opinion by Judge Thomas Hardiman, joined by Judge Peter Phipps) said the case could go forward; there is now a circuit split on the subject, so it's possible that the Supreme Court will take the matter up. [read post]
23 Sep 2021, 1:09 pm by Sasha Volokh
Fraternities and sororities would have a massively worse bargaining position, and might have little choice but to yield to universities' demands, no matter how unreasonable. [read post]
16 Sep 2021, 1:34 pm
In so ordering, Judge Kacsmaryk broke with long-standing precedent cautioning judicial deference to the political branches in matters implicating foreign affairs and seemed to subordinate the Executive’s interest in controlling such matters to States’ interests in immigration enforcement. [read post]
13 Sep 2021, 11:36 am by Eric Goldman
This matters because 1591 requires a higher level of defendant scienter than 1595–so high that plaintiffs will have a difficult time showing it. [read post]
31 Aug 2021, 10:33 am by Eugene Volokh
We reject this contention because the challenged statements implicate matters of public concern and thereby fall squarely within First Amendment protections…. [read post]
29 Aug 2021, 7:49 am by Simon Lester
" This was well before 9/11, but already, when they were back after eight years of the [William J.] [read post]
16 Aug 2021, 6:30 pm by Guest Blogger
Windsor, 570 U.S. 744, 784 (2013) (Scalia, J., dissenting) [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
No dominant subtest, even w/in circuits. [read post]