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28 Mar 2022, 9:01 pm
” That criticism laid the groundwork for the conservative embrace of originalism, which Rehnquist’s longtime sparring partner, liberal Justice William Brennan, would critique in a 1985 speech as “arrogance cloaked as humility. [read post]
28 Mar 2022, 8:53 am
ShareIn Torres v. [read post]
25 Mar 2022, 5:35 pm
Brennan to claims by pretrial detainees of inadequate medical care when the application of the solely objective standard in Kingsley v. [read post]
25 Mar 2022, 2:01 am
To talk about the Court's decision and what it means for state secrets doctrine and executive power, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. [read post]
24 Mar 2022, 9:03 pm
WHAT WE’RE READING THIS WEEK In a recent report published by the Brennan Center for Justice, Michael C. [read post]
17 Mar 2022, 10:34 am
See id. at 105-17; for Fourth Circuit cases so holding, see Brennan v. [read post]
15 Mar 2022, 10:46 am
13 Mar 2022, 9:01 pm
“Federalism,” Brennan concluded, “need not be a mean-spirited doctrine that serves only to limit the scope of human liberty. [read post]
11 Mar 2022, 4:18 pm
Levy drew readers in with this introduction: “My heart is wide open for this story tonight … It’s about how Justice William Brennan, the liberal lion, was convinced to hire his first woman law clerk and who that clerk was. [read post]
3 Mar 2022, 8:01 am
What Is AI and Why Does It Matter for National Security? [read post]
28 Feb 2022, 1:28 pm
For instance, Justice Scalia, who had often faulted the Court in free speech cases where he thought anti-abortion speech was being treated unfairly, was in the majority in Frisby; Justices Brennan and Marshall, strong supporters of abortion rights, dissented; none of them seemed swayed by the speakers' ideology. [read post]
25 Feb 2022, 10:16 am
Brennan, 306 F.Supp. 365) (D DC, Sept. 27, 2017). [read post]
25 Feb 2022, 6:15 am
Blog posts & press:The Board of Immigration Appeals Will Now Provide the Public with Access to Its Unpublished Decisions (Immigration Impact Blog, Feb. 2022) [text]Deploring the Violence, Abandoning the Victim (Just Security, Feb. 2022) [text]- Discusses fleeing gang violence in Central America as a basis for asylum.Judicial Imperialism and the “Remain in Mexico” Ruling (Lawfare Blog, Feb. 2022) [text]More migrants are dying along the US-Mexico border, but it’s hard to say how… [read post]
24 Feb 2022, 9:50 am
He is currently employed by the Brennan Center for Justice as a Fellow for the Liberty and National Security Program. [read post]
22 Feb 2022, 2:37 pm
Chacón (Berkeley) for the Brennan Center for Justice. [read post]
21 Feb 2022, 5:00 am
Verner, Justice Brennan transformed Jacobson, a substantive due process case, into a free exercise case. [read post]
21 Feb 2022, 5:00 am
Verner, Justice Brennan transformed Jacobson, a substantive due process case, into a free exercise case. [read post]
19 Feb 2022, 3:07 pm
” Cites Brennan’s dissent in Harper & Row to remind us that free riding isn’t an unforeseen byproduct of the statute but its intent, to promote progress of science. (3) Leads from originality to third bucket, with origins in Wheaton v. [read post]
18 Feb 2022, 9:03 pm
In a recent report published by the Brennan Center for Justice, Michael C. [read post]
14 Feb 2022, 9:01 pm
Supreme Court—Chief Justice Earl Warren and Justice William Brennan—were Republicans appointed by President Dwight D. [read post]