Search for: "Matter of Barnette"
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21 Sep 2023, 11:26 am
Barnette, 319 U.S. 624, 642 (1943) (Jackson, J., writing for the Court)). [read post]
24 Aug 2023, 6:00 am
, to self‐made man Frederick Douglass, to serial inventor Joy Mangano’s miracle mop, Americans believe that with a good idea and enough hard work, anyone can enjoy economic success—no matter the circumstances of their birth. [read post]
14 Aug 2023, 5:36 am
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
9 Aug 2023, 4:18 am
Gobitis in 1940 only to reverse itself just a few years later in Barnette has been oft-told. [read post]
31 Jul 2023, 11:50 am
But so long as we avoid 5-4 conservative-liberal splits, he is happy, no matter what the opinion says. [read post]
31 Jul 2023, 5:36 am
This matters because, as Barnett and Walker recognize, the greater power to preclude review surely includes the lesser power to authorize deferential review. [read post]
27 Jul 2023, 2:55 pm
This matters because, as Barnett and Walker recognize, the greater power to preclude review surely includes the lesser power to authorize deferential review. [read post]
25 Jul 2023, 6:56 pm
See Randy Barnett's post referencing David Hardy's article. [read post]
20 Jul 2023, 8:55 am
Turk (and see here how he applies this to the particular issue involved in that case, which is federal constitutional limits on state punitive damages awards); the opinion cites our own Randy Barnett many times: [I.] [read post]
14 Jul 2023, 4:30 am
Making matters worse, we both published books last year, and our mutual editor at Post Hill press is … another David Bernstein.) [read post]
12 Jul 2023, 8:05 am
Barnett & E. [read post]
8 Jul 2023, 4:33 pm
A change to venue law frees state attorneys-general from involuntary transfers of antitrust actions from their home states to distant forums handling multi-district litigation involving the same subject matter. [read post]
5 Jul 2023, 3:35 am
Another distinction is that the public-school students in Barnette had no choice in the matter. [read post]
2 Jul 2023, 1:13 pm
Barnette striking down a law compelling Jehovah's Witnesses school children to salute the flag and say the Pledge of Allegiance in violation of their religious convictions. [read post]
30 Jun 2023, 9:29 am
In the past, other States in Barnette, Hurley, and Dale have similarly tested the First Amendment’s boundaries by seeking to compel speech they thought vital at the time. [read post]
30 Jun 2023, 8:20 am
Barnette (1943), this Court found impermissible coercion when West Virginia required schoolchildren to recite a pledge that contravened their convictions on threat of punishment or expulsion. [read post]
19 Jun 2023, 11:39 am
[Justice Gorsuch v. [read post]
10 Jun 2023, 11:35 am
(emphasis added) So, whether or not these "government threats have turned the platforms into government instruments"—which current doctrine requires be shown—what matters is whether FBI agents and other officials have themselves abridged the freedom of speech. [read post]
2 Jun 2023, 9:11 am
Welcome back to Commercial Roundup–the best source for the latest appellate decisions on issues that matter in commercial litigation. [read post]
26 May 2023, 4:00 am
The photograph of Richard Barnett in Pelosi’s suite of offices in 2021 became one of the defining images of the insurrection. [read post]
