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Beginning in the 1980s but picking up speed in 2011 in a case called AT&T Mobility LLC v. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
§§ 2000bb to 2000bb-4)(“the RFRA”).[6] (Even though the RFRA was held unconstitutional as applied to state and local governments, City of Boerne v. [read post]
6 Jul 2022, 6:51 am by Second Circuit Civil Rights Blog
While plaintiff said she will visit the state once the Covid crisis is over, "those plans are no more definite than the plans of the respondent in Lujan v. [read post]
6 Jul 2022, 5:13 am by Eugene Volokh
Indeed, similar rules apply in many states to private schools more generally; if a state bans discrimination in admission by such schools, which many states do, that brings with it similar restrictions on speech that creates a "hostile environment" (which would likely violate the First Amendment when applied to curriculum, see Runyon v. [read post]
6 Jul 2022, 4:55 am by Michael C. Dorf
He writes: Suppose that in 1924 this Court had expressly reaffirmed Plessy v. [read post]
5 Jul 2022, 11:47 pm by Josh Blackman
Here, the Court invokes Alabama and Brown & Williamson in the same breath: Such cases have arisen from all corners of the administrative state. [read post]
But even if the facts they rely on were accurate, there is a way in which the majority simply fails to get the story right. [read post]
5 Jul 2022, 2:47 pm by Alden Abbott
In 1971, the FTC enacted a section 6(g) rule stating that it was both an “unfair method of competition” and an “unfair act or practice” for refiners or others who sell to gasoline retailers “to fail to disclose clearly and conspicuously in a permanent manner on the pumps the minimum octane number or numbers of the motor gasoline being dispensed. [read post]