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4 Jan 2022, 5:31 am
I've also split off this short separate piece from my "The Duty Not to Continue Distributing Your Own Libels," since it might be useful even to those who aren't interested in that article (though the two can also work well together). [read post]
29 Mar 2023, 4:39 pm
There's long been a dispute about whether religious freedom provisions limit the government's power related to religious sites on government land. [read post]
22 Jun 2022, 6:41 am
[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] [read post]
13 Oct 2022, 8:29 am
From Judge Dan Polster's opinion today in Koe v. [read post]
9 Nov 2021, 9:47 am
From the Foundation for Individual Rights in Education; I missed it when it was first posted (Oct. 20): Dr. [read post]
4 Jan 2022, 5:01 am
My new article on this subject, which I've previewed before here, has now been officially published in the Notre Dame Law Review, volume 97, pp. 315-49. [read post]
1 Jun 2023, 5:16 pm
Today's decision in Gilliam v. [read post]
16 Mar 2022, 8:40 am
[The applicant had a 5-year-old drunk driving arrest (which led to a conviction on a reduced charge) and a 12-year-old conviction of drinking alcohol by a passenger.] [read post]
19 Apr 2022, 10:58 am
[The @LibsOfTikTok controversy brings up this question, though the broader question is an old one.] [read post]
8 Nov 2021, 9:33 am
From Honig v. [read post]
27 Jun 2022, 10:34 am
[[I originally erred in posting this, which kept comments from being available; I've therefore deleted the original and reposted it.]] [read post]
28 Jun 2022, 9:34 am
The Supreme Court hasn't made clear whether such a constitutional right to be free from government disclosure of private information (as opposed to the indubitably existing right to be free from unreasonable searches), even setting aside the Dobbs debate; see NASA v. [read post]
19 Nov 2022, 9:51 am
From a New York Times article yesterday: "The LSAT has its problems, but it at least provides schools with a way to compare students who come from different undergraduate schools who pursue very different courses of study that are subject to different degrees of grade inflation," Mr. [read post]
8 Mar 2023, 5:01 am
From ABC Corp. v. [read post]
5 Dec 2023, 2:34 pm
From Friday's decision by Magistrate Judge Virginia DeMarchi in Nguyen v. [read post]
3 Jun 2022, 12:26 pm
From Madison's Remonstrance Against Religious Assessments (1786): [I]t is proper to take alarm at the first experiment on our liberties. [read post]
18 Aug 2022, 12:46 pm
From today's court order: THIS CAUSE is before the Court on motions to unseal the search warrant materials, including the probable cause affidavit, that were filed by the Media-Intervenors. [read post]
8 Jun 2023, 9:07 am
An order for filings before Magistrate Judge Gabriel A. [read post]
6 Jun 2024, 9:16 am
[Yes, when the restriction is being imposed by the government.] [read post]
13 Apr 2022, 8:38 am
From Judge Troy Nunley's decision yesterday in Prehired, LLC v. [read post]