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21 Feb 2017, 6:08 am by Rebecca Tushnet
This argument relied on Justice White’s argument, in concurrence, that when people are exercising judgment with respect to a particular client, they’re “engaging in the practice of a profession” and the speech is “incidental to the conduct of the profession. [read post]
20 Feb 2017, 6:00 am by F. Tim Knight
Alarie: technology is not there yet; we’re at an early stage in development of these algorithms, compare the evolution of the F1 racing simulation video games; natural language processing will get better at interpreting information will improve along with human-machine interaction; try to be faithful with how judges think about these legal tests, facts, legal merits; important to get the questions right Q. [read post]
20 Feb 2017, 5:07 am by SHG
Someone else will immediately see the problems and, poof, they’re fixed. [read post]
19 Feb 2017, 7:00 am by Stevan Weine
Pretend you’re putting handcuffs on him for a staged photo op. [read post]
17 Feb 2017, 3:41 pm by Eugene Volokh
Here is Pryor’s concurrence, though if you’re interested you should also read the other opinions I concur in the majority opinion, but I write separately to reiterate that our decision is about the First Amendment, not the Second. [read post]
17 Feb 2017, 8:50 am by Ken White
That's the problem with the middle types of scrutiny — they're incredibly touchy-feely. [read post]
15 Feb 2017, 12:44 pm by Susan Hennessey, Helen Klein Murillo
Still, Trump’s accusation raises a number of concerns. [read post]
15 Feb 2017, 6:45 am by John Jascob
By Lene Powell, J.D.Rapid technological change and structural economic problems, including massive manufacturing job losses, are causing many Americans to feel they’re not getting a fair deal, said CFTC Commissioner Sharon Bowen in recent remarks at Northwestern University. [read post]
12 Feb 2017, 7:40 pm by Omar Ha-Redeye
The defendant claimed his ss. 8, 9 and 10(a) Charter rights were violated due to egregious conduct of conscious and flagrant disdain for the defendant’s constitutional rights committed in bad faith. [read post]
12 Feb 2017, 8:37 am by The Law Offices of John Day, P.C.
” Wife argued, however, that “husband’s complaint should be dismissed on the basis of res judicata and because the undisputed facts negate the essential elements of husband’s claims for abuse of process. [read post]
12 Feb 2017, 8:37 am by The Law Offices of John Day, P.C.
” Wife argued, however, that “husband’s complaint should be dismissed on the basis of res judicata and because the undisputed facts negate the essential elements of husband’s claims for abuse of process. [read post]
10 Feb 2017, 10:00 am
It halts all refugee entries, again including those who have been fully reviewed and cleared, and creates an arbitrary exception for refugees from “minority” faiths in their country of origin. [read post]
9 Feb 2017, 3:35 pm by David Post
Trump then re-filed her suit in New York. [read post]
9 Feb 2017, 11:56 am by Sen. Orrin Hatch (R-Utah)
In fact, in his tribute speech to Justice Scalia last year, Judge Gorsuch embraced Justice Scalia’s philosophy of judicial restraint: “If you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. [read post]
8 Feb 2017, 9:01 pm by Marci A. Hamilton
”The order’s Pandora’s box of protections would apply against “[a]ll executive branch departments and agencies” and their “regulations, . [read post]