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25 Jan 2022, 5:01 am by Eugene Volokh
Here we see what is perhaps the most forceful form of the right of defiance—a right secured as a constitutional matter, as a facet of the First Amendment, rather than just as a common-law right in the negligence and nuisance cases. [1] Bible Believers v. [read post]
25 Jan 2022, 5:01 am by Jeff Kosseff
And two Supreme Court justices have called for the court to reconsider New York Times v. [read post]
25 Jan 2022, 3:47 am by SHG
Adams’s plan included the restoration of an anti-gun police unit, and called on state lawmakers to make a number of changes, including to New York’s bail law and to a law that altered how the state handles teenage defendants. [read post]
25 Jan 2022, 1:00 am by Christian Romero
When you and I, and Cindy first got involved with this work, we were really worried about state actors controlling speech. [read post]
24 Jan 2022, 6:04 pm
The term is connected to a number of other similar terms that seek to give meaning to the same set of practices or states of social being: for example, the German-English Weltanschauung) or perhaps “lifeworlds. [read post]
24 Jan 2022, 1:49 pm by ACLU
At minimum, reforms should include: funding community-based alternatives to policing; adopting a use of force standard for federal law enforcement based on the PEACE Act; curbing the militarization of state and local police by stopping the flow of weapons of war from the federal government; and creating strong, fair rules around body cameras. [read post]
24 Jan 2022, 5:01 am by John Bellinger
This approach was not adopted on the basis that Article V tribunals are required only in cases of “doubt” whether a person qualifies as a prisoner of war; because detainees could not qualify as prisoners of war, there was no reason to have Article V tribunals. [read post]
24 Jan 2022, 12:23 am by Jan von Hein
It is only against the background of this tradition that one can understand the meaning of the laws actually in force. [read post]
21 Jan 2022, 3:15 am by familoo
Since 1 October 2021, when s63 of the Domestic Abuse Act 2021 (I’m going to call this ‘the DAA’) came into force, the definitions of the various sub-categories of domestic abuse have been refined and expanded by incorporating the definitions of domestic abuse in the DAA (Section 63, by the way, is that part of the Act which deems a person complaining of domestic abuse as vulnerable for the purposes of ‘special measures’ (now known as ‘participation… [read post]
21 Jan 2022, 3:00 am by Jim Sedor
The alleged sum funneled through state party committees in that case was even larger: $112 million. [read post]
20 Jan 2022, 2:01 pm by John Elwood
But even the majority acknowledged that, “[a]s the dissent cogently points out, it makes little sense to force a party to undergo a burdensome administrative proceeding to raise a constitutional challenge against the agency’s structure before it can seek review from the court of appeals,” and it said that if the court “were writing on a clean slate, [it] would agree with the dissent. [read post]
20 Jan 2022, 12:36 pm by Eugene Volokh
Nonetheless, it concluded that Eckhardt's speech was constitutionally protected: [We] apply the two-step analysis espoused in Scott v. [read post]
20 Jan 2022, 12:04 pm by Elizabeth McElvein, Benjamin Wittes
Circuit action has taken place in the case of Trump v. [read post]