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23 Jun 2021, 4:38 pm by Ilya Somin
A serious violation of the right to exclude qualifies as a taking, if anything does. [read post]
23 Jun 2021, 1:02 pm by Amy Howe
Chief Justice John Roberts filed a separate opinion, joined by Justice Samuel Alito, in which he agreed that Lange’s case should go back to the state courts. [read post]
23 Jun 2021, 12:01 pm by Amy Howe
Nor does it matter, Roberts observed, that the regulation does not create a true “easement” under state law; without the regulation, employers could have excluded the organizers from their property. [read post]
23 Jun 2021, 9:43 am by Ilya Somin
The Court's decision does not mean that all government-mandated entry on private property qualifies as a taking. [read post]
23 Jun 2021, 6:30 am by Guest Blogger
  Turning to originalist scholarship, John Stinneford’s explanation of the original meaning of “unusual” in the Eighth Amendment concluded that it was a “legal term of art” Professor Lash’s collection will be of modest assistance to this method because it does not contain sufficient documents from legal practice to provide reliable data on the language of the law. [read post]
23 Jun 2021, 4:15 am by Howard Friedman
Edwards issued the following statement:As I have said repeatedly when asked about this bill, discrimination is not a Louisiana value, and this bill was a solution in search of a problem that simply does not exist in Louisiana. [read post]
23 Jun 2021, 3:00 am by Chip Merlin
All Loss: An Examination of Broad Form Insurance Coverages, was written by insurance defense attorney, John... [read post]
22 Jun 2021, 12:02 pm by Holly Hollman
Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so. [read post]
22 Jun 2021, 10:15 am by Ronald Mann
But it does provide another chapter in the court’s continuing efforts to tighten the standards by which the lower courts evaluate securities-fraud class actions. [read post]
22 Jun 2021, 6:11 am by Bob Kraft
Author information: John Adams writes about Personal Injury and Social Security Disability. [read post]
21 Jun 2021, 10:49 am by ernst
I would hate to think it had something to do with my focusing public attention on ways in which the law has ignored and harmed the interests of African Americans--and still does. [read post]
19 Jun 2021, 5:00 pm
            Let’s return to the discussion of John Locke that we began months ago. [read post]
18 Jun 2021, 1:37 pm by Andrea Picciotti-Bayer
Chief Justice John Roberts, writing for the court, noted that “CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else. [read post]
18 Jun 2021, 12:30 pm by John Ross
When does corporal punishment in public schools become so excessive it violates substantive due process? [read post]