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26 Jul 2012, 9:24 am by Anita Davies
One of the hallmarks of totalitarian regimes is their insistence on controlling people’s thoughts as well as their behaviour. [read post]
23 Jul 2012, 1:39 am by Michael Geist
" Jay Kerr-Wilson, one of the most successful litigators in the recent cases, was then a counsel with the Canadian Cable Television Association said "people will probably try to use this by analogy to argue digital stuff, but it's not a digital case. [read post]
19 Jul 2012, 6:05 am by Cormac Early
Over at the Volokh Conspiracy, Orin Kerr has video of a recent conference of privacy law scholars on the “mosaic theory” of Fourth Amendment searches, which was embraced by the two concurring opinions in United States v. [read post]
13 Jul 2012, 12:02 pm by Orin Kerr
People who cave to pressure generally switch to do what is popular, not what is unpopular. [read post]
8 Jun 2012, 3:35 am by Kevin Smith, J.D.
  Indeed, it reminds me of the much older quote from Chester Kerr, long-time Director of Yale University Press, who said this back in the Sixties about university presses: We publish the smallest editions at the greatest cost, and on these we place the highest prices, and then try to market them to people who can least afford them. [read post]
4 May 2012, 3:13 am by Guest Blogger
Time assuredly will bring to light the policy strengths and weaknesses of using the individual mandate as part of this national legislation, allowing the peoples’ political representatives, rather than their judges, to have the primary say over its utility. [read post]
30 Apr 2012, 5:09 pm by Orin Kerr
(Orin Kerr) The March 2012 issue of the William and Mary Bill of Rights Journal has an unusual article by Thomas Krattenmaker, Looking Back on Cohen v. [read post]
23 Apr 2012, 2:00 pm by Orin Kerr
(Orin Kerr) A few days ago, David Bernstein mentioned David Schraub’s post explaining his disagreement with my view questioning the propriety of Judge Brown’s concurring opinion calling for a return to Lochner in Hettinga v. [read post]
23 Apr 2012, 12:20 am by Karwan Eskerie
 (para 173) The Judge added that whilst the primary obligation in Article 3 was a negative one, the Court had recognised a positive obligation to protect individuals from ill-treatment and that an obligation may arise even when there is no ill-treatment from the state or from other people. [read post]
10 Apr 2012, 6:51 am by Nabiha Syed
Buffalo News reports on the effect that last week’s decision in Florence v. [read post]
9 Apr 2012, 3:12 pm by Orin Kerr
(Orin Kerr) If the Supreme Court strikes down the individual mandate, would that be an example of judicial activism? [read post]