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24 Jul 2012, 3:48 am by Max Kennerly, Esq.
at Litigation & Trial Lawyer Blog.Back in January, I wrote about the strange world of “rights” we were entering, in which the First Amendment, the quintessential American right that ensures the protection of all the others, was losing its power as the sword of the people, instead being fashioned into the shield of the powerful: Don’t believe all that hooey about the Roberts Court being principled because they are protective of First Amendment rights.… [read post]
1 Feb 2007, 9:30 pm
  And - this is the point this post is working its way toward - it's not a tool that's unique to the powerful political movement kick-started by the Supreme Court's Roe v. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
24 Dec 2011, 9:25 am
Though there is a conflict of judicial opinion about the power of a court to grant anticipatory bail, the majority view is that there is no such power under the existing provisions of the Code. [read post]
26 Jun 2018, 3:44 pm by Orin Kerr
The Supreme Court’s decision in Carpenter v. [read post]
15 May 2010, 9:34 am by INFORRM
  Mr Osler has a post entitled “Johanna Kaschke: the strange case of the Tory ‘suspected of links to left wing extremists’“. [read post]
1 Jun 2008, 5:01 am
Defendant called 911 because she said the victim was becoming belligerent and acting strange. [read post]
16 Jul 2020, 9:00 pm by Joanna L. Grossman
But the mandate has been challenged repeatedly on grounds of religious freedom.The Strange New War on ContraceptionThe war over the contraceptive mandate is a reflection of larger tensions in society—and a strange arc in which an issue on which there was once broad societal consensus is now divisive. [read post]
5 Jan 2022, 9:29 am by ernst
”  Conferring eminent domain power on airlines also was no solution, if only because weather commonly forced aviators to depart from their flight plans.American lawyers set out to solve this law-made problem. [read post]
19 Feb 2022, 9:31 am by Cyberleagle
Most recently of all, the Home Secretary is reported to have gained Cabinet support for powers for Ofcom (the regulator that would implement, supervise and enforce the Bill’s provisions) to require use of technology to proactively seek out and remove illegal content and legal content harmful to children. [read post]