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31 Aug 2021, 10:33 am by Eugene Volokh
We reject this contention because the challenged statements implicate matters of public concern and thereby fall squarely within First Amendment protections…. [read post]
16 Aug 2021, 6:30 pm by Guest Blogger
Windsor, 570 U.S. 744, 784 (2013) (Scalia, J., dissenting) [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
No dominant subtest, even w/in circuits. [read post]
5 Aug 2021, 2:46 pm by Eugene Volokh
For good discussion of this in court opinions, including related to "harassment" laws, see, e.g., In the Matter of the Welfare of A.J.B. [read post]
28 Jul 2021, 4:43 am by Russell Knight
“[W]e have waived our right to a CONTRIBUTION HEARING on the issue of fees and costs, pursuant to 750 ILCS 5/503(j) OR a CONTRIBUTION HEARING will occur subsequent to the prove-up and before Judgment. [read post]
24 Jul 2021, 2:46 pm by Eugene Volokh
Given the State closure order's lack of narrow tailoring, we cannot say that, as a matter of law, it survives such scrutiny…. [read post]