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29 Dec 2022, 10:14 am by Neil H. Buchanan
  As a matter of goals, the economic and social agendas of the Party have become efforts to take things away from "undeserving" others. [read post]
28 Dec 2022, 9:15 am by Venkat Balasubramani
[Eric’s comment: another option would be to use the identical arbitration provisions in every TOS. [read post]
26 Dec 2022, 4:00 am by Eric Segall
 By Eric SegallMany people aren’t working this week or working less, so as Mike and Neil explained yesterday and the day before, we thought it would be a good time to repost timeless essays. [read post]
  Later, a federal judge reviewing the document and emails discussing the matter between Trump and his staff concluded that “The emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public” and found that the emails were “sufficiently related to and in furtherance of a conspiracy to defraud the United States. [read post]
23 Dec 2022, 5:33 pm by Eugene Volokh
And we tread with great care knowing that the "complex, subtle, and professional decisions as to the composition[ and] training" of "military force[s]" are matters of expert "military judgment[ ]" assigned to the Political Branches rather than to the judiciary. [read post]
23 Dec 2022, 3:00 am by Jim Sedor
Measures that promoted early voting and increased access to the ballot box saw wins in multiple states, but so did restrictive proposals that tightened voter ID laws or barred non-citizens from voting on local matters. [read post]
22 Dec 2022, 3:30 am by SHG
And if you happen to be that one defendant for whom DNA evidence is exonerative, does the number matter when it’s your innocent life on the line? [read post]
19 Dec 2022, 4:00 am by Eric Segall
 By Eric SegallThis was a no good, terrible, very bad year at the Supreme Court of the United States. [read post]
18 Dec 2022, 9:08 am by Eric Goldman
Forman Police Officer’s Racist Memes on a Personal Facebook Page Address “Matters of Public Concern”–Hernandez v. [read post]
17 Dec 2022, 3:38 pm by Eugene Volokh
Air Force Court of Criminal Appeals, in an opinion by Judge Natalie Richardson, joined by Judge Eric Cadotte: A general court-martial … convicted Appellant … of … indecent conduct—engaging in sexual acts with a sex doll with the physical characteristics of a female child—in violation of Article 134, Uniform Code of Military Justice (UCMJ)…. [read post]
13 Dec 2022, 10:00 pm by Chijioke Okorie
This Kat has covered this matter previously here, here and here. [read post]
13 Dec 2022, 3:07 pm by Greg Lambert
This week, we have a jam-packed episode featuring five of our colleagues from a 2022 American Association of Law Libraries panel on APIs. [read post]
9 Dec 2022, 6:55 am by Eric Goldman
by Kieran McCarthy [Eric’s note: this is the second of a two-part series on the denouement of the hiQ v. [read post]
9 Dec 2022, 3:00 am by Jim Sedor
” Items with Classified Markings Found at Trump Storage Unit in Florida MSN – Jacqueline Alemany, Josh Dawsey, Spencer Hsu, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 12/7/2022 Lawyers for former President Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Florida, used by the former president, according to people familiar with the matter. [read post]
6 Dec 2022, 9:01 pm by Michael C. Dorf
Thus, except for a short exchange between Justice Clarence Thomas and Colorado Solicitor General Eric Olson, the argument paid no attention to original meaning.One might therefore think that a hyper-conservative Court that has, in recent cases involving abortion, gun control, and church-state separation, made history the sine qua non of constitutional rights, would also reject 303 Creative owner Lorie Smith’s free speech claim. [read post]
6 Dec 2022, 9:37 am by Ronald Mann
The first thread, consuming most of the argument, involves numerous scattered points interposed by Eric Brunstad, the experienced and skilled counsel for the purchaser, all trying to persuade the court to avoid the question presented. [read post]
6 Dec 2022, 5:01 am by Kristina Lorch, John Sullivan Baker
Representative Eric Swalwell’s (D-C.A.) claim that Trump and other defendants violated companion provision § 1986, which creates civil liability for officials who are aware of a conspiracy and fail to attempt to prevent it. [read post]