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20 Sep 2024, 5:05 am by privacylawyer
As Evans J.A. wrote for this Court: “determining the characteristics of the ‘reasonable person’ presents difficulties in a situation where reasonable people may view a matter differently, depending, in part, on their perspective… However, the view of the reasonable person in legal tests represents a normative standard constructed by the courts, not an actuality that can be empirically verified” (Taylor v. [read post]
20 Sep 2024, 1:55 am by Justin Hendrix
Editor’s note: This article is part of a new series from leading experts with practical solutions to democratic backsliding, polarization, and political violence. [read post]
19 Sep 2024, 4:39 am by SHG
It’s also true that the First Amendment Establishment Clause prohibits this, and there’s no doubt given the Supreme Court’s 1980 decision in Stone v. [read post]
18 Sep 2024, 5:55 pm
Police officers make an obviously pretextual stop -- the defendant's a known gang member, and he doesn't have front plates on his vehicle -- and wait to pull him over in order to give the canine officer (who they called before the stop) time to arrive. [read post]
18 Sep 2024, 3:13 pm by Alan J. Borsuk
And that case was joined with similar cases that ended up before the US Supreme Court, resulting in the landmark decision of Obergefell v. [read post]
18 Sep 2024, 12:25 pm by Lawrence Solum
The problem, perhaps with isolated exception, is generally not the people. [read post]
18 Sep 2024, 9:28 am by Seth Davis
Circuit published an interesting standing opinion last week: Citizens for Constitutional Integrity v. [read post]
18 Sep 2024, 6:04 am by Norman L. Eisen
Arizona Election Procedures Lawsuits (RNC, et al., v. [read post]