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4 Feb 2016, 9:01 pm
However, when there seems to be a high incidence of that radicalism within a certain group, you tend to be a little gun shy. [read post]
12 Feb 2024, 9:00 pm
Perhaps, given the complexity of the case and the relatively little time the Justices had to prepare, we all ought not to be overly surprised or disappointed by the generally poor quality of the Justices’ lines of oral inquiry, but the stakes of the case (both symbolically and substantively) should have led to more careful interrogation. [read post]
25 Nov 2020, 4:00 am
On 20 October, 22 ministers of justice did just that at the Justice for All in a Global Emergency meeting convened by Minister of Justice of Canada, David Lametti (see end for participants). [read post]
19 Feb 2019, 9:01 pm
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
15 Apr 2021, 9:01 pm
” Instead, said the Sixth Circuit, older cases from the 1950s and 1960s, involving the imposition of McCarthy-era loyalty oaths on all public employees, including public educators, spoke grandly about the importance of preserving academic freedom for people who teach and write in American universities, and thus suggest that the Garcetti framework (under which the category of on-the-job speech by public employees, in which Meriwether’s teaching would fall, would ordinarily receive… [read post]
9 Apr 2020, 9:01 pm
(emphasis added)This one little passage is big, because it represents the first time a majority of the Court has invoked this stare decisis requirement of a “special justification” – above and beyond the wrongness of a prior decision – in a constitutional setting since Planned Parenthood v. [read post]
9 Nov 2009, 6:01 am
By David Evans Nov. 9 (Bloomberg) -- Prosecutor Michael Loucks remembers clearly when lawyers for Pfizer Inc., the world's largest drug company, looked across the table and promised it wouldn't break the law again. [read post]
28 Jun 2018, 9:01 pm
But taking title to nuclear waste isn’t desirable, because owning nuclear waste means owning the liability for harm that such waste might cause, and little else. [read post]
5 Jun 2014, 9:01 pm
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [read post]
20 Sep 2018, 9:01 pm
Earlier this summer, Illinois became the 37th state to ratify the Equal Rights Amendment (ERA) to the United States Constitution originally proposed by Congress on March 22, 1972. [read post]
14 Sep 2022, 9:01 pm
Their absence from the denominator has very little aggregate effect on the process because their likelihood of being interviewed, much less being hired, was always very small. [read post]
17 Jul 2014, 9:01 pm
” But to understand the scope of the majority opinion construing the federal Religious Freedom Restoration Act (RFRA), we may need to focus on the separate concurring opinion of Justice Kennedy, an opinion that seems to be getting little ink. [read post]
26 Jun 2015, 1:26 pm
David R. [read post]
25 Sep 2023, 9:00 pm
As Justice Scalia explained for the White majority, “like most other philosophical generalities, [general statements of judicial philosophy] ha[ve] little meaningful content for the electorate unless [they are] exemplified by application to a particular issue of construction likely to come before a court—for example, whether a particular statute runs afoul of any provision of the Constitution. [read post]
11 Feb 2025, 9:01 pm
As the number of federal lawsuits challenging the ambitious and in some cases unprecedented assertions of federal executive power being made by the new administration continues to climb (with dozens of legal challenges having been filed in the last three weeks), it is important that everyone understand what it means when a headline says—as many these days are saying—something like “Federal Judge Grants Motion to Block XYZ Action/Policy. [read post]
12 Nov 2011, 7:46 am
Unfortunately for Conrad Murray his prosecutor, David Walgren, is not one of these incompetents. [read post]
23 Sep 2020, 9:01 pm
Ruth Bader Ginsburg’s career will be remembered for so many things, most notably her work as a litigator, a law professor, a lower court judge and a Justice at the Supreme Court (where she sat for over a quarter century). [read post]
26 Mar 2015, 9:01 pm
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
21 Mar 2018, 9:01 pm
Gore litigation was the case about the notorious “hanging chads” and “dimpled chads” (little pieces of cardboard that were not quite punched out of the voting cards with the voter’s stylus). [read post]
24 Jan 2019, 9:01 pm
But again, that was not the argument made or accepted, and has little to do with the federal Constitution generally or First/Fourteenth Amendment rights of cities in particular.TakeawaysIt might be tempting to view Judge Graffeo’s ruling as a one-off mistake (or a parting political message) by a single state-court judge, and something that will likely be corrected as the case moves up the appellate ladder. [read post]
