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21 Jul 2014, 10:42 am
The state argues that the case actually became moot while the papers were pending before the U.S. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  But Justice Kennedy was also careful not to express a firm view on the question, and therefore it’s difficult to confidently predict the outcome on the “appropriations as a less restrictive alternative” question (even assuming the composition of the Court is the same once the case gets there).2. [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
I say this in part because a decision to join with other Justices to make an Opinion of the Court may have been made in part to keep peace at the Court or to avoid the direct insult of a colleague, and does not mean that there might not be important substantive differences among all those who join the Opinion. [read post]
16 Jul 2014, 4:21 pm by Katitza Rodriguez and Parker Higgins
Even the mere possibility of communications information being captured creates an interference with privacy, with a potential chilling effect on rights, including those to free expression and association. [read post]
15 Jul 2014, 9:01 pm by Michael C. Dorf
No solution is perfect, but that is to be expected: the whole notion of religious accommodations begins from the fact that sometimes the public interest as expressed through the law conflicts with individual conscience. [read post]
15 Jul 2014, 9:00 am by Benjamin Wittes
But he insisted that extra-territorial application of the U.S. [read post]
14 Jul 2014, 4:45 pm by Wells Bennett
As the Court itself made clear, “we cannot ignore that the [2006] MCA was a direct response to Hamdan’s holding. [read post]
14 Jul 2014, 11:34 am by Ted Max
Since early 2014, the Federal Trade Commission has charged at least fourteen U.S. businesses in varying industries, from fashion to telecommunications, for falsely claiming to participate in the US – EU Safe Harbor privacy. [read post]
14 Jul 2014, 6:22 am by Patrick Maines
It came as no surprise when, in June, Tom Udall (D-N.M.) and 41 other U.S. senators, Democrats all, proposed a campaign finance amendment to the U.S. [read post]
9 Jul 2014, 4:37 pm
The panel then issued an order directed specifically to the Department of Commerce and Department of State, inviting each to file its own separate amicus brief. [read post]
8 Jul 2014, 9:38 am
Aiello, 417 U.S. 484 (1974), and equating employment discrimination based on pregnancy with employment discrimination based on gender). [read post]
8 Jul 2014, 9:35 am
Or might the negotiations come to reflect more deeply on the reasons for this prior record and move in a productive direction? [read post]