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21 Dec 2021, 1:02 pm
The policy goal is convergence of religious and political lines and the constitution of dependent national religious communities.Religious practice, and the expression of religion, is permitted, as long as both individual and expression are approved by the state and are compatible with state policy. [read post]
20 Dec 2021, 9:00 pm by Austin Sarat
Indeed, abolitionists have good reason to fear such a reaction given what happened several decades ago in the wake of the United States Supreme Court’s 1972 decision in Furman v. [read post]
20 Dec 2021, 5:01 am by Christina Koningisor
The executive privilege recognized by the Supreme Court in United States v. [read post]
19 Dec 2021, 10:19 am by Giles Peaker
The upshot was an RRO made against Ms Cabo, but the whole is worth a read for the sense of judicial eyebrows being raised throughout and some very dry lines. [read post]
18 Dec 2021, 9:54 am by Eric Segall
This limitation is constitutionally mandated, separating our branch from our political co-branches. '[F]ederal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do.' [quoting Chevron, U.S.A., Inc. v. [read post]
17 Dec 2021, 5:00 am by Michael C. Dorf
 Professor Bulman-Pozen’s metaphor is suggestive, but there is a more powerful effect of cross-state diffusion at work: the growing ability of nationally-based movement organizations to pressure state legislators across state lines. [read post]
16 Dec 2021, 12:00 pm by Emily Dai
Anderson talk about the case of Trump v. [read post]
15 Dec 2021, 1:31 pm by Eric Goldman
The plaintiffs got three free bites at the apple before the fourth crossed over the line; and it mattered that the copyright work at issue here–stickers for car consoles–is so clearly subject to minimal or no copyright protection that no one realistically should have thought the sticker design was copyrightable, despite the registrant’s earlier settlement with the second comer. [read post]