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19 Dec 2017, 3:08 pm by Marty Lederman
At oral argument two weeks ago in Masterpiece Cakeshop, the Justices did not appear to be taken with any of the unconvincing distinctions that the bakery’s counsel and the U.S. [read post]
19 Dec 2017, 1:34 pm by Derek T. Muller
Minn. 16-cv-04279); appeal field (8th Cir. 16-4551), Abdurrahman v. [read post]
19 Dec 2017, 12:10 pm by Vanessa Sauter
  ICYMI, Yesterday on Lawfare Orin Kerr explained why Special Counsel Robert Mueller’s access to the transition’s emails likely did not violate the Fourth Amendment. [read post]
19 Dec 2017, 7:51 am by Cori Goldberg (US)
Special thanks to Robert Kantrowitz* for his assistance in drafting this post. [read post]
18 Dec 2017, 5:40 pm
Robert Snell of The Detroit News reports that "Insane Clown Posse loses appeals court fight. [read post]
18 Dec 2017, 11:34 am by Amy Howe
Court of Appeals for the 7th Circuit rejected his argument that the agency fee violated his rights under the First Amendment, explaining that it did not have the power to overrule Abood. [read post]
15 Dec 2017, 7:05 am by Jim Sedor
In response to the final order, the Kentucky Chamber announced plans to file an amicus brief along with other business groups urging the appeal of the ruling. [read post]
15 Dec 2017, 7:05 am by Jim Sedor
In response to the final order, the Kentucky Chamber announced plans to file an amicus brief along with other business groups urging the appeal of the ruling. [read post]
15 Dec 2017, 5:15 am by SHG
But shallow minds beget shallow argument, much as they appeal to the sensibilities of the unduly passionate. [read post]
13 Dec 2017, 7:21 am by Ilya Shapiro
Court of Appeals for the 9th Circuit rejected their challenge, holding that the statute regulates only “professional speech” and therefore should be reviewed under intermediate First Amendment scrutiny, a relatively deferential standard. [read post]
11 Dec 2017, 9:01 pm by Michael C. Dorf
Last week the Supreme Court heard oral argument in Masterpiece Cakeshop v. [read post]
11 Dec 2017, 4:26 pm by Kevin LaCroix
As the authors note, the case shows the importance of ensuring that the fraud exclusion uses the language “final, non-appealable adjudication” rather than language like “final judgment. [read post]