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15 Dec 2017, 10:32 am by Eugene Volokh
Barnette, 319 U.S. 624. 633, 642 ("[T]he action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control. [read post]
15 Dec 2017, 2:15 am by NCC Staff
Constitution was the inclusion of a Bill of Rights. [read post]
14 Dec 2017, 8:05 am by Mark Rienzi
Justices Antonin Scalia and Clarence Thomas accused the majority of applying special rules because the case involved abortion, using an approach that is “in stark contradiction of the constitutional principles we apply in all other contexts. [read post]
13 Dec 2017, 12:07 pm by Julie Rikelman
The notice required of unlicensed centers is equally constitutional. [read post]
13 Dec 2017, 9:39 am by Dennis Crouch
Whether the use of new mathematical algorithms to improve existing technological processes by reducing bandwidth and memory usage can constitute “inventive concepts” under the second step of the Alice test. [read post]
13 Dec 2017, 7:21 am by Ilya Shapiro
He filed an amicus brief supporting the cert petition in NIFLA v. [read post]
13 Dec 2017, 6:28 am by Rachel Sandler
Therefore, an applicant should be astutely aware of the rules and try to avoid actions that constitute applicant delay whenever possible. [read post]
12 Dec 2017, 7:46 pm by vforberger
For instance, the Commission explains that the constitutional questions of agency deference raised in Beres were previously decided in Borgnis v. [read post]
12 Dec 2017, 10:00 am by Peter Margulies
For the government, past practice in this case is an interpretive tool that only the government can use. [read post]
12 Dec 2017, 9:08 am by Theodore R. Flo
As we’ve explained in prior posts, the CFPB uses SEC ALJs to hear its administrative cases. [read post]
12 Dec 2017, 4:19 am by Edith Roberts
Briefly: In an op-ed at the Huffington Post, Tim Lynch looks at a cert petition in a criminal case “that raises fundamental constitutional questions concerning federal power and police accountability for civilian deaths. [read post]
11 Dec 2017, 4:00 pm
Although Eagle Grove proved that the properties were abandoned under §657A.10A, the district court dismissed the petition holding that it would constitute a taking of private property without just compensation in violation of the constitutions of both the United States and Iowa. [read post]
11 Dec 2017, 1:02 pm by Adam Thimmesch
Essentially, they point to data showing that many consumers use websites to research a product, but end up buying the product from a local retailer. [read post]
11 Dec 2017, 11:39 am by vforberger
The original petition for review from Wisconsin Bell concerned a legal question over the status and proper use of a legal theory for determining an intent to discriminate called the “inference” method. [read post]
11 Dec 2017, 7:44 am by Eugene Volokh
Hassling a bus full of people without any individualized suspicion offends the Constitution. [read post]
11 Dec 2017, 7:41 am by First Mondays
Does Justice Elena Kagan think there’s a constitutional difference between cake artists and makeup artists? [read post]