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14 Feb 2017, 8:49 am by Rebecca Tushnet
Even if it wasn’t a limited public forum [and note the conceptual difficulties of calling a non-physical space a “forum”], the government speech doctrine didn’t apply. [read post]
12 Feb 2017, 12:48 pm by Lawrence B. Ebert
Whitney's machine was entirely new . . . . n159While the court noted that principles were not patentable, the statement was merely an aside to the important question in the case: how the patentee applied the principles and whether the prior art applied the same principles. [read post]
1 Feb 2017, 6:18 am by SHG
As Turley notes, context does matter. [read post]
14 Jan 2017, 2:25 pm by Harold O'Grady
All these gifts were reported to Congress, which in each case accorded permission to the recipients to accept them. [read post]
12 Jan 2017, 12:04 pm by Edith Roberts
Texas Division, Sons of Confederate Veterans, Inc.) that because “the specialty plates bear sufficient indicia of private speech, … a reasonable and fully informed observer would recognize the message on the ‘Choose Life’ specialty plate as the message of a private party, not the state,” and “the messages communicated on specialty plates are private speech, not government speech. [read post]
8 Jan 2017, 1:26 pm
  The court was careful to note that in any specific case where officer safety or evidence might be compromised, the exigent circumstances exception would still apply. [read post]
16 Dec 2016, 9:53 am by Amy Howe
The team’s case is now on hold in the U.S. [read post]
4 Dec 2016, 7:00 am by Sloane Speakman
Choosing friends based on convenience and near-term objectives—and, in this case, over the protestations of long-standing allies—almost always backfires. [read post]
18 Nov 2016, 6:18 am by Matthew L.M. Fletcher
The court concluded in Confederated Tribes of the Grand Ronde Community v. [read post]
29 Sep 2016, 8:30 am by Eugene Volokh
[EV notes: I should think that the government endorses people taking their panties off at least under some circumstances.] [read post]
18 Sep 2016, 9:30 pm by Karen Tani
Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.Subscribers to Project Muse may access full content here.We've previously noted the contribution by Alison LaCroix (University of Chicago), on "Secession and the Confederate Constitution. [read post]
9 Sep 2016, 12:52 pm by Alexis Wheeler
Carlos Moore, the attorney who brought the case, claimed that the Confederate imagery of the state flag violated the Equal Protection and... [read post]
1 Sep 2016, 8:04 am by Eugene Volokh
” The court rejected that argument, noting “The very purpose of a national flag is to serve as a symbol of our country; it is … the one visible manifestation of two hundred years of nationhood. [read post]
31 Aug 2016, 9:02 pm by Marci A. Hamilton
And how did it decide which cases to bring out of the universe of possibilities? [read post]
25 Aug 2016, 4:06 pm by Sandy Levinson
  I only had to argue that even louts have constitutional rights, which is clearly the case. [read post]