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26 Jun 2018, 3:32 pm by Peter Margulies
The majority seemed concerned that application of the court’s usual de novo “reasonable observer” approach to the Establishment Clause would prove “problematic” (p. 32 n. 5) in the unfamiliar context of national security and foreign affairs. [read post]
26 Jun 2018, 1:30 pm
         In Masterpiece Cakeshop, the Supreme Court emphasized that fundamental religious freedom “bars even subtle departures from neutrality on matters of religion. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  (It's possible, I suppose, that Gorsuch or others might consider all of this a form of "new property," no matter the source of the confidentiality obligation. [read post]
25 Jun 2018, 2:23 pm
If facts were in dispute, the matter first had to proceed in the law courts. [read post]
24 Jun 2018, 8:37 pm by Omar Ha-Redeye
White, supra, put it, at p. 756: “Electronic surveillance is the greatest leveler of human privacy ever known. [read post]
23 Jun 2018, 1:22 pm by Richard Hunt
There are important subtleties in this strategy because settlement is no guarantee of safety in the future, as illustrated by this week’s Eleventh Circuit decision in Haynes v. [read post]
21 Jun 2018, 2:06 pm by Peter Shane
Eschewing any earlier Supreme Court decision’s more nuanced approach to the identification of officers, they would hold that the word “officer” “encompass[es] all federal civil officials who perform an ongoing, statutory duty—no matter how important or significant the duty. [read post]
20 Jun 2018, 5:00 am by Daniel E. Cummins
   Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney William P. [read post]
19 Jun 2018, 12:55 pm by Katarzyna Szymielewicz
Below we explain how those general rules apply to tracking Internet users, no matter what technique is used. [read post]
19 Jun 2018, 9:55 am by mdkeenan
In People v Lee, the court found that the officer’s yelling “Hey, no talking! [read post]
18 Jun 2018, 7:47 am by Richard Hunt
It’s hard to be perfect, but with the FHA that is sometimes what is required. [read post]
18 Jun 2018, 3:57 am by SHG
But an Illinois appellate court’s analysis in an opinion by Justice P. [read post]
17 Jun 2018, 11:45 pm by admin
Renaud v. 200 Convention Center Ltd. dba Flyaway, 102 Nev. 500, 728 P.2d 445 (1986). [read post]
17 Jun 2018, 11:45 pm by admin
Renaud v. 200 Convention Center Ltd. dba Flyaway, 102 Nev. 500, 728 P.2d 445 (1986). [read post]