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18 Oct 2014, 2:30 pm by Guest Blogger
”The Journal’s editors asked, “[C]an a patient trust any interaction with his or her physician knowing that the physician’s very words have been mandated by the state? [read post]
6 Oct 2014, 3:30 am by Peter Mahler
The 50% requirement has a pair of exceptions spelled out in § 1104 (b) and (c), although I’m hard pressed to recall ever seeing a court decision in which either exception was invoked. [read post]
4 Oct 2014, 12:09 pm by Schachtman
Because the scientific claims at issue involve evidence and hard thought, the attackers and defenders seem to prefer proceed with ad hominem attacks on the personal standing and credibility of scientists whose work they embrace or distain. [read post]
10 Sep 2014, 11:06 pm by Jeff Gamso
Legal positivists believe (a) Justice and injustice are dependent on positive law; (b) Law itself is independent of justice; (c) Justice consists in conformity to positive law; (d) Justice, apart from legality, is merely a subjective [individual] norm; (e) Justice is obligatory ultimately only because of legal and political sanctions; and (f) The virtue of justice is identical with obedience. [read post]
9 Sep 2014, 9:01 pm by Michael C. Dorf
First, following a strategy laid out in the Windsor dissent of Chief Justice John Roberts, they point to language in the majority opinion in that case reaffirming the state’s traditional role in defining marriage. [read post]
5 Sep 2014, 8:13 am by Amy Howe
  With the Court expected to hear oral arguments this fall in a pair of challenges to Alabama’s redistricting plan for its state legislature, C-SPAN Radio will air the 1993 oral arguments in another important redistricting case, Shaw v. [read post]
31 Aug 2014, 12:49 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
28 Aug 2014, 5:10 am by SHG
Except Maryland Circuit Court Judge Robert C. [read post]
12 Aug 2014, 9:01 pm by Michael C. Dorf
But it is hard to believe that Salaita’s offer was revoked solely because of the profane language or tone of his tweets, without any regard to the viewpoint they expressed. [read post]
7 Aug 2014, 3:42 pm by Rebecca Tushnet
Postmortem personality rights are hard to understand. [read post]
23 Jul 2014, 8:48 am
Both the NAP framework and the RAFI process can be most usefully understood as mapping projects preliminary to the hard substantive work of constructing rule of law norms in the legal and societal spheres. [read post]
9 Jul 2014, 8:36 am
And one final thought: I really do hope, for the sake of the institution, that Chief Justice Roberts at least tried (and tried hard) to see if there were some way to enlist one of the Justices who isn’t a Roman Catholic man to sign onto the Court’s opinion. [read post]