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25 Feb 2007, 9:09 pm
Ferguson, which forbade American courts from enforcing the 14th amendment's equal protection clause, the Supreme Court made the Union's surrender official. [read post]
30 Jul 2007, 5:25 pm
However, the Indiana Supreme Court has held that the lack of such provisions cannot prohibit the people of our state from requesting a convention if they so desire. [read post]
1 Aug 2022, 4:25 am by Sherry F. Colb
Jackson Women's Health Org. [read post]
18 Jan 2007, 2:59 am
In our newspaper Article, we highlighted four reasons why Constitutional Court's reasoning in invalidating Article 53 of the KPK Law was less compelling. [read post]
11 Jan 2020, 10:47 am by Mark Tushnet
The Supreme Court has cited the case 38 times, all but four being Eleventh Amendment cases (or discussions of the Eleventh Amendment embedded in cases dealing with other federalism-ish issues).That's surprising to me because Chief Justice Hughes's opinion contains the following sentence: "Behind the words of the constitutional provisions are postulates which limit and control. [read post]
29 Apr 2008, 2:33 am
Supreme Court recently ruled that governments can fire employees if their speech harmed the workplace's mission and function.Prudence and discretion are not necessarily bad things. [read post]
21 Jun 2022, 9:48 am by Rick Garnett
  The repair of the Court's education-funding doctrine over the last 20 years has been striking. [read post]
13 Jan 2007, 9:03 pm
I think we finally have an explanation for the Supreme Court's amazing shrinking workload. [read post]
5 Mar 2008, 11:24 am
The only similarly-situated state has been Connecticut, where a decision from that state's Supreme Court is long overdue. [read post]
25 Oct 2006, 1:06 pm
UPDATE: Having (very quickly) skimmed the opinion, it seems the Court is allowing that civil unions might be good enough, so long as they're comparable to marriage in terms of benefits, but it seems to leave open the possibility that only marriage that's called marriage might be good enough. [read post]
5 Oct 2021, 9:55 am by Corynne McSherry
If that's the case, intermediaries will only be able to host as much speech as their lawyers, content moderators, and filters could screen beforehand, based on the most restrictive provisions in wildly varying state laws. [read post]
20 Jun 2022, 5:01 am by Eugene Volokh
But people might still interpret a decision as endorsing a certain justification even if that's not quite what the decision held, partly because many people don't read court decisions very closely or remember them precisely (again because of rational ignorance). [read post]
9 Apr 2019, 10:00 am by Second Circuit Civil Rights Blog
The Court concludes:The district court rejected plaintiff's hostile work environment case on summary judgment. [read post]
14 Nov 2022, 4:00 am by Michael C. Dorf
DorfIn a few weeks, the Supreme Court will hear argument in Moore v. [read post]
2 Apr 2008, 2:35 am
But the question is whether the constitutional system as a whole can correct the excesses of such lawyers.It is possible, but very unlikely, that five Justices of the Supreme Court would adopt reasoning like John Yoo's in one of its decisions. [read post]
16 May 2014, 2:32 pm by Stephen Bilkis
It is the defendant’s allegation that the court's charge on alibi was defective because it urged stricter scrutiny of the alibi testimony than the identification testimony and shifted the burden of proof. [read post]
2 Jul 2014, 10:33 am by John Day
The Tennessee Court of Appeals first observed that the trial court had wrongly applied the “strict compliance” standard to the pre-suite notice requirements, instead of the correct “substantial compliance” standard as previously held by Tennessee’s Supreme Court in Thurmond v. [read post]
23 May 2010, 8:02 am by Miguel Larios
It's not just suspected sex offenders or terrorists who are at risk. [read post]
As the Supreme Court has said, "The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people. [read post]