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24 May 2012, 8:59 pm by Lawrence Solum
Finally, claims that private censorship presents risks commensurate with public censorship fail to address the fact that liberal theory presupposes the existence of a private sphere into which the state cannot intrude, as well as the long tradition recognizing the special dangers associated with the coercive power of the state. [read post]
4 Jan 2018, 8:17 am by Jonathan H. Adler
Such concerns are likely overstated, as Alabama argued in its powerful Gonzales v. [read post]
28 Feb 2019, 6:41 pm
  But perhaps more important are its implications for the construction of a comprehensive human rights based approach to the assertion of public as well as private power in every sphere of human activity--and that those human rights are, in origin necessarily a product of consensus among the community of nations. [read post]
12 Jan 2011, 3:51 am by Russ Bensing
  It did the same thing back in 2007 in State v. [read post]
The redress mechanism is only available to data subjects in countries designated as “qualifying states” by the US Attorney General. [read post]
5 Jun 2022, 6:09 am
Satel (NYT).That is, it's rather clear that if the state makes psychiatrists into abortion gatekeepers, they will not exercise their power according to professional ethics. [read post]
9 Jul 2021, 2:35 am by Matrix Legal Support Service
 There is no basis, consistent with the separation of powers under our constitution, on which the Court could overturn Parliament’s judgment that the two child limit was an appropriate means of achieving its aims. [read post]
27 Jun 2018, 6:58 pm by Alice O'Brien
State choices about fair-share fees get no deference under Janus because they are viewed as artifacts of union power, not legitimate employer choices by government decisionmakers. [read post]
7 Feb 2022, 4:09 pm by INFORRM
  Where a state breaches the ECHR, a Court set up by signatory members – the European Court of Human Rights (which has nothing to do with the European Union) – can order a state to pay an aggrieved citizen compensation. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
  At that point, most states will probably continue to include Trump’s name on their general election ballots (especially if their state laws don’t authorize any exclusion, which might be true in the vast majority of states). [read post]
3 Jun 2018, 10:25 am by Guest Blogger
The Supreme Court, however, recognized Congress’s power to fix time limits in Dillon v. [read post]