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8 Jun 2018, 7:20 am by Marty Lederman
  Or before we consider the traditional practice of DOJ to defend the constitutionality of statutes when reasonable arguments are available:  None of the established reasons for deviating from that practice (which I discussed in this post, about why it was not necessarily problematic that Acting Solicitor General John Roberts attacked the constitutionality of statutes in Metro Broadcasting) are remotely applicable here.But it gets worse . . . .The Government’s Implausible… [read post]
8 Jun 2018, 4:00 am by Xavier Beauchamp-Tremblay
Following CanLII’s multiple announcements in the last weeks and months, we wouldn’t blame anybody for failing to see the big picture from these individual pieces. [read post]
7 Jun 2018, 11:00 am by NBlack
The Council defined “technology training” as follows: “(T)he primary objective of the program must be to increase the participant’s professional competence and proficiency as a lawyer. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
Or what if it doesn’t matter what Congress intended? [read post]
5 Jun 2018, 9:01 pm by Sherry F. Colb
No matter what position one takes on when “life” begins, one inevitably embraces one or another arbitrary line. [read post]
5 Jun 2018, 9:00 pm by Coral Beach
Food that is contaminated with pathogens such as Salmonella usually doesn’t look or smell spoiled. [read post]
4 Jun 2018, 6:10 pm by Eugene Volokh
Indeed, "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. [read post]
4 Jun 2018, 3:04 pm by Eugene Volokh
Such litigation in the dark is generally not allowed in the American court system, especially as to such central matters in a case. [read post]
4 Jun 2018, 1:25 pm by Eugene Volokh
And this, the Court held, violated the Free Exercise Clause: While that Clause generally doesn't mandate exemptions from neutrally applied generally applicable laws, this law wasn't neutrally applied. [read post]
2 Jun 2018, 9:18 pm by Coral Beach
Cook all raw poultry to an internal temperature of 165ºF. [read post]
2 Jun 2018, 9:01 pm by News Desk
Food that is contaminated with pathogens such as Salmonella usually doesn’t look or smell spoiled. [read post]
2 Jun 2018, 12:49 pm by Quinta Jurecic
Moreover, as we have indicated in our meetings, we are reminded of our duty to protect the President and his Office.Thus, in deciding whether to advise the President to be interviewed, we are guided by the controlling law in thisCircuit, In re Sealed Case (Espy), 121 F.3d 729 (D.C. [read post]