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25 Jun 2021, 3:51 pm by Josh Blackman
In each case, the Court refuses to grant any meaningful relief. [read post]
25 Jun 2021, 1:16 pm by Josh Blackman
  As then-Judge Barrett succinctly summarized, "Article III grants federal courts the power to redress harms that defendants cause plaintiffs, not a freewheeling power to hold defendants accountable for legal infractions. [read post]
24 Jun 2021, 10:22 pm by Josh Blackman
Here is the closest we get to a summary: Given the many different kinds of off-campus speech, the different potential school-related and circumstance-specific justifications, and the differing extent to which those justifications may call for First Amendment leeway, we can, as a general matter, say little more than this: Taken together, these three features of much off-campus speech mean that the leeway the First Amendment grants to schools in light of their special characteristics is… [read post]
24 Jun 2021, 9:39 pm by Josh Blackman
The government would only grant that permit if the property owner gave the state an easement. [read post]
20 Jun 2021, 10:37 pm by Josh Blackman
Fifth, the power to grant exemptions renders the City's interest not compelling. [read post]
19 Jun 2021, 1:30 pm by Josh Blackman
Here is a snippet: We are grateful to the Freedom From Religion Foundation for providing a generous grant that allowed us to recruit some of the most distinguished scholars and thinkers on this subject. [read post]
18 Jun 2021, 4:00 am by Jim Sedor
Drops John Bolton Book Lawsuit, Won’t Charge the Ex-Security Aide Who Became Trump’s Scathing Critic MSN – Spencer Hsu and Josh Dawsey (Washington Post) | Published: 6/16/2021 The Justice Department abandoned its effort to claw back profits of a book by former Trump national security adviser John Bolton and closed a grand jury investigation into whether he criminally mishandled classified information without charging him. [read post]
15 Jun 2021, 5:30 am by Josh Blackman
Had the Court granted the case this month, it likely would have been argued in November or December 2021. [read post]
10 Jun 2021, 10:00 am by Scott Hervey
Scott Hervey and Josh Escovedo discuss this topic on The Briefing from the IP Law Blog on YouTube at this link, and on their podcast at this link. [read post]
9 Jun 2021, 3:05 pm by Josh Blackman
The majority found that Burns's design was not protected by the First Amendment, nor were the Town's criteria unconstitutionally vague: We conclude that summary judgment was not granted too early and affirm on the First Amendment claim because there was no great likelihood that some sort of message would be understood by those who viewed Burns's new beachfront mansion. [read post]
7 Jun 2021, 11:32 am by Ilya Somin
Co-blogger Josh Blackman takes Kavanaugh to task for not offering any originalist rationale for his vote to join Sotomayor's concurrence. [read post]
4 Jun 2021, 9:54 am by Ilya Somin
Think of what Josh Hawley, Ted Cruz, or Donald Trump might do with it, if one of them comes to power in 2024 or 2028. [read post]
1 Jun 2021, 6:46 am by Roelke Law, P.A.
State, Timothy Flowers was a passenger in a vehicle pulled over by Officer Josh Carswell for failure to come to a complete stop at a red light before making a right turn. [read post]
28 May 2021, 4:00 am by Jim Sedor
District Court Judge Analisa Torres, citing examples of other cases being dismissed following a presidential reprieve, granted Bannon s application, ruling Trump’s pardon was valid and “dismissal of the Indictment is the proper course. [read post]
19 May 2021, 8:47 am by Jonathan Shaub
Josh Chafetz has been championing this conclusion for some time, arguing that the courts are empowering themselves at the expense of Congress in these suits—and that Congress is complicit in that transfer of power by turning to the courts rather than using its own institutional authority. [read post]
18 May 2021, 12:44 pm by Josh Blackman
All of this leaves the Supreme Court in a well-informed position to resolve the point by action or inaction—either by granting review and reversing or by leaving the circuit court decisions in place. [read post]