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29 Jul 2014, 3:37 am by Kevin LaCroix
 Thus, they’re signing up for accounts and reaching sensitive files through these accounts. [read post]
15 Jun 2014, 1:39 pm by Marty Lederman
In a series of posts preceding the oral argument in Hobby Lobby (see especially Posts IIIand IX, as well as posts III-Aand III-B, in my compendium) I explained that the litigation had proceeded, in the lower courts and in most of the briefs, on the basis of a fundamental misconception. [read post]
12 Jun 2014, 2:21 pm by J. Gordon Hylton
I know that some will object that this proposal will adversely affect those students whose only path to college is through a grant-in-aid in a non-revenue sport. [read post]
31 Mar 2014, 5:30 am by Renee Kolar
  Here, the Court held that the FAA does not allow courts to invalidate a class arbitration waiver through the effective vindication exception. [read post]
14 Mar 2014, 10:27 am by Alison Kahler
I gladly added my name.Though I am heartbroken to read about my beloved alma mater’s betrayal of sexual assault victims, I am not surprised. [read post]
6 Mar 2014, 7:42 am
First, the judge went through the history of the provision, tracing it back to provision in the 1868 Constitution. [read post]
23 Feb 2014, 4:20 pm by Marty Lederman
    In a series of posts on Balkinization, I have tried to untangle many of these and other mischaracterizations and misunderstandings. [read post]
21 Feb 2014, 6:26 am by Marty Lederman
  But that does not mean that they are subject to substantial pressure to do so, let alone substantial pressure imposed by federal law--it might, on the whole, be a modest or tentative or ambivalent preference. [read post]
19 Feb 2014, 9:01 pm by Marci A. Hamilton
It does not accept any federal funds (even for student loans) and, therefore, is not governed by Title IX, but it is governed by the tort laws. [read post]
7 Feb 2014, 10:28 am
I believe that academic boycotts are themselves contrary to principles of academic freedom but that does not make the legislation being considered any more tolerable or constitutional. [read post]
7 Jan 2014, 7:46 am by Lawrence B. Ebert
Cir. 2001).Judge Prost, concurs:However, I agree with the majority that whether we should dismiss the appeal or vacate our ruling is a discre- tionary matter, and I would deny Motorola’s motion on that basis. [read post]
6 Jan 2014, 9:01 pm by KC Johnson
The national media doesn’t cover higher-ed ideological or pedagogical issues all that much; and when it does (as in the recent controversy over Title IX and sexual assault policies), it often covers the issue poorly. [read post]
24 Dec 2013, 5:45 am by Barry Sookman
An original work is the expression of an idea through an exercise of skill and judgment: CCH, at para. 16. [read post]