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21 Jan 2015, 8:57 pm by Joey Fishkin
 This is a claim articulated most fully (so far) by Justice Scalia in his brief concurrence in Ricci v. [read post]
19 Jan 2015, 3:32 pm by William Baude
Tomorrow the Court will hear arguments in Armstrong v. [read post]
18 Jan 2015, 7:48 pm
Equally, the European Court of Human Rights considers that the principles set out in the preamble to the Convention refers to the Convention as a whole (see,  inter alia , ECHR rulings  Engel and Others v. the Netherlands on June 8, 1976, Klass and Others v. [read post]
16 Jan 2015, 12:39 pm by Lyle Denniston
The Court fashioned the specific questions it is prepared to answer, but they closely tracked the two core constitutional issues that have led to a lengthy string of lower-court rulings striking down state bans. [read post]
16 Jan 2015, 11:10 am
Regardless of the constitutional insufficiency of the bargaining process, the decision states that, “in this case, the ERA did not substantially interfere with the process so as to infringe RCMP members’ freedom of association. [read post]
10 Jan 2015, 6:15 am by Lyle Denniston
  Defining those limits, though, is at the core of the constitutional problem. [read post]
9 Jan 2015, 4:31 am by Kevin LaCroix
It has now been confirmed that two companies in the United States have potentially been the subject of cyber-terrorism. [read post]
8 Jan 2015, 9:44 am
  Not all of these cases will be worth citing, depending on the state, but in states where there much other precedent to cite, we think they could be useful. [read post]