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14 Dec 2023, 9:01 pm by Michael C. Dorf
As every Supreme Court practitioner and a great many Court watchers know, the denial of a cert petition does not affirm the lower court decision; neither does it express any view of the case’s substantive merits. [read post]
14 Dec 2023, 10:34 am by Orin S. Kerr
We conclude that the foregone conclusion exception does not apply here. [read post]
14 Dec 2023, 7:56 am by Dan Farber
Their decision in West Virginia v. [read post]
14 Dec 2023, 6:54 am by Nicholas Caputo
With respect to the editorial discretion arguments, the Fifth Circuit found first that editorial discretion likely does not exist as an independent category under the First Amendment, but second that even if it does, then content moderation is not an example of it. [read post]
14 Dec 2023, 6:00 am by Public Employment Law Press
., 56 Ed Dept Rep, Decision No. 17,055, and other Decisions of the Commissioner of Education, the Commissioner explained "a removal application that does not include the specific notice required by 8 NYCRR 277.1(b) is fatally defective and must be denied. [read post]