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Yelling “Fire” In a Crowded Theater & “Absolute” Constitutional Amendments.

4 May 2021, 10:11 am by Ed Folsom, Maine Criminal Defense Attorney

The idea behind the popular trope, “You can’t yell fire in a crowded theater” comes from Schenck v. [read post]

Edmund R. Folsom Law Blog - http://edfolsomlaw.com/the-law-blog

People v. Nieves (Cal. Supreme Ct. - May 3, 2021)

3 May 2021, 2:16 pm

But to hold that she's eligible for the death penalty because she tried to kill herself just seems totally bizarre to me.That, anyway, is the little nugget out of the middle of an opinion that took me a couple of hours to read.Oh, one more thing. [read post]

California Appellate Report - http://calapp.blogspot.com/

[Josh Blackman] Justice Thomas still wants to overrule the Feres Doctrine. Justices Gorsuch, Kavanaugh, and Barrett apparently do not.

3 May 2021, 9:40 am by Josh Blackman

As I have previously explained, this approach has little justification. [read post]

The Volokh Conspiracy - http://www.volokh.com/

In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

3 May 2021, 8:03 am by Ekow Yankah

But, doubtful readers, rest assured that Terry v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Apple raised its effective App Store commission rate in certain geographic markets to (respectively) 31.4%, 32.1%, and 35.25% in September

1 May 2021, 7:19 am by Florian Mueller

Despite most headlines describing them as a tax on “Big Tech”, it’s the little guys that end up paying. pic.twitter.com/jWQJ0VFsX4— Tim Bradshaw (@tim) September 1, 2020 At around the same time, other people commented on it as well, and one website had to backtrack because they might it sound like Apple passed 100% of those digital services taxes on to developers. [read post]

FOSS Patents - http://www.fosspatents.com

[Eugene Volokh] No Recusal When Judge's Ex-Clerk, Who Clerked While Case Was Pending, Now Works for a Law Firm in the Case

30 Apr 2021, 4:44 pm by Eugene Volokh

Wash) in Straw v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

30 Apr 2021, 12:30 pm by John Ross

In Hamen v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Is the Prenuptial Agreement Signed after the Wedding, Really a Prenuptial Agreement?

30 Apr 2021, 11:05 am by Eric S. Solotoff

The wife had a child from her prior marriage, but little else in terms of income and assets. [read post]