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6 May 2016, 10:15 am by Mark Tushnet
But if he does, constitutional doctrine is going to be the least of our worries. [read post]
24 Nov 2012, 12:38 pm by Schachtman
  So a requirement of RR > 2, for the showing of general causation, does not make sense as a criterion for general causation; and at best, RR > 2 is a much weaker consideration for general causation than it is for specific causation. [read post]
6 Jul 2023, 5:49 am by Eugene Volokh
To give one example from the Ninth Circuit: The plaintiffs in this case previously were denominated "James Rowe, Jane Rowe and John Doe. [read post]
12 Sep 2017, 7:00 am by Ruth Levush
The Swedish church for instance weds homosexual couples (bound by the civil code on who can marry); the churches have their own ceremonies but the requirements would be the same for all congregations (regardless of faith), i.e., both parties 18 years of age (no more than two people), present at the ceremony, entering into the relationship of free will, and no closer relation than first cousins (1 kap. 1 §; 2 kap. 1 §, 3 § ; 4 kap. 1 §… [read post]
10 Mar 2023, 2:12 pm by John Ross
With facts like those there's a 10-1 chance it violates the nondelegation doctrine. [read post]
18 Aug 2011, 11:10 pm by Christa Culver
American AtheistsDocket: 10-1276Issue(s): (1) Which Establishment Clause test should be applied when analyzing passive public displays; (2) does the Establishment Clause forbid roadside memorial crosses marking the site of death for state highway troopers killed in the line of duty; and (3) is a collection of memorials owned by a private organization, disclaimed by the state, and located on both private and public property properly classified as government speech? [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
A speaker generally cannot be punished for criminal libel unless the statement (1) is found to be false beyond a reasonable doubt, (2) by a jury, (3) at the time of the criminal trial, in which (4) an indigent criminal libel defendant is entitled to a court-appointed lawyer who can argue that the statement is true, or is opinion, or is privileged. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
However, they say (focusing on part 2), the President is not an “officer of the United States. [read post]
14 May 2013, 6:02 pm by Kevin Goldberg
McCain’s bill aims to: (1) promote “a la carte” program availability for MVPD subscribers; (2) discourage broadcasters from removing their programming from over-the-air availability (in response to the success that Aereo has recently enjoyed); and (3) eliminate broadcast blackouts of sports coverage in certain situations. [read post]
2 May 2014, 5:31 pm by Guest Blogger
  This presents some of my reactions to the larger themes of the book.1. [read post]
15 Aug 2024, 6:00 am by Guest Blogger
The book argues that the binary state-versus-federal-government model that is today taken to be the essence of American federalism does not correspond to the legal or political reality of the United States in the early nineteenth century. [read post]