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12 Dec 2018, 9:00 pm
” Justice William Douglas dissented saying that the majority decision would give search and seizure powers to police that not even a judge would have. [read post]
4 Dec 2018, 10:59 am by Dan
While internal opposition remained, Douglas argued the government learned that a jailed editor had a more powerful platform than a free one. [read post]
3 Dec 2018, 4:32 pm by INFORRM
Although the right to freedom of expression is not in every case the ace of trumps, it is a powerful card to which the courts of this country must always pay appropriate respect. [read post]
29 Nov 2018, 9:00 pm by Vikram David Amar
Together, these three got more than 60 percent of the total national popular vote, and most of this 60 percent probably preferred Douglas over Abraham Lincoln.But even if all of these anti-Lincoln votes had somehow been transferred to Douglas (or to any other anti-Lincoln candidate), Lincoln would, amazingly enough, still have won in the electoral college! [read post]
28 Nov 2018, 11:11 am by Adam Feldman
Wade’s staying power was raised time and again during Justice Brett Kavanaugh’s confirmation hearing. [read post]
20 Nov 2018, 6:26 am by Andrew Appel
Most experts don’t prefer ballot-marking devices (BMDs) for these reasons: If the paper jams, the power fails, or something else goes wrong with technology, voters using hand-marked paper ballots can still deposit their ballots in an emergency ballot for counting later; this is not an option with a BMD-only solution. [read post]
16 Nov 2018, 8:00 am by ernst
Being human was not so much a status to which legal rights attached, as a largely relational way of being in the world, and even then, potentially transitional or temporary, and invariably subordinate to more powerful, nonhuman forces. [read post]
15 Nov 2018, 11:29 am by Matthew Waxman
It highlights the continually shifting relationship between war-initiation powers and war-waging powers throughout the course of American history. [read post]
13 Nov 2018, 5:20 am
I’m fortunate that I’ve never been in a position of power where I might be able to lord it over somebody sexually. [read post]
11 Nov 2018, 1:51 pm
Inclusion of all assets in a trust subject to the power to exclude all of them – as has been attempted here – is no different than conferring the power upon the Estate Trustees to determine which if any assets will be subject to the trust. [read post]
6 Nov 2018, 5:58 pm by Eugene Volokh
Further, the government actor need not have direct power to take adverse action over a targeted entity for comments to constitute a threat, provided the government actor has the power to direct or encourage others to take such action. [read post]
6 Nov 2018, 1:30 pm
Or it could be just the chance longtime opponents of the separation of church and state have been waiting for: an opportunity to strike another serious blow against the constitutional rules that have long curbed the government’s power to signal approval of one religious denomination over others. [read post]
30 Oct 2018, 9:01 pm by Michael C. Dorf
For most of her nearly quarter century on the Court, she was, on many important issues, the most powerful person in the country, as she defined the Court’s center, while the Court defined the bounds of law.Unsurprisingly, the exercise of so much power did not please everyone. [read post]
24 Oct 2018, 4:33 pm by Kevin LaCroix
    Unfortunately, the SEC appears to have ignored that powerful lesson. [read post]
22 Oct 2018, 7:27 am by Victoria Clark
The discussion will feature Amanda Sloat, Douglas Alexander, Lucinda Creighton, Edward Luce, and British Ambassador to the United States Sir Kim Darroch. [read post]
20 Oct 2018, 8:50 am by Schachtman
Moreover, composite outcomes usually lead to high event rates thereby increasing power or reducing sample size requirements. [read post]
17 Oct 2018, 8:36 pm by Sabrina I. Pacifici
But believers in the power of books rejected that fate, and in town after town they jumped back into the book-lending business on their own. [read post]
17 Oct 2018, 12:34 pm by Rachel Brown, Wenqing Zhao
The Trump administration has also curbed exports of civilian nuclear technology to China, citing concerns that China was employing the technology for military purposes such as nuclear-powered submarines or floating power reactors that could be deployed to support military installations in the South China Sea. [read post]