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1 Nov 2023, 9:35 am
Yesterday the Supreme Court heard oral arguments in two cases that pose more or less the same question: under what circumstances, if any, does a government official's blocking of a constituent's access to the official's nominally private social media account constitute "state action" that could violate the First Amendment? [read post]
12 Apr 2008, 7:44 am
Jack Shafer's and Dahlia Lithwick's recent musings on the future of Supreme Court reporting prompt me to think more about the opportunities that exist with the changing of the guard at the Times. [read post]
2 Jul 2018, 6:14 pm
It is enough to recall former Justice Werdegar’s observation that ‘[c]haracterization by the . . . dissenters of the scope of the majority opinion is, of course, dubious authority.'” Whew, did someone turn up the heat in here? [read post]
7 Jul 2022, 9:00 am
That is not what one could observe in live court, however. [read post]
22 Jul 2011, 10:06 am
Such circumstances may be that a material statutory provision was not drawn to the court's attention at the original hearing or a manifest wrong has been done. [read post]
20 May 2009, 4:59 am
Cir. 1992) (holding that, for purposes of Fourth Amendment, retention of defendant's driver's license during police questioning constituted seizure); People v. [read post]
8 Aug 2016, 2:59 am
An amicus curiae brief filed with the Supreme Court by 111 designers and design educators in support of Apple's design patent damages position against Samsung last week drew lots of attention. [read post]
18 Nov 2018, 7:12 pm
I'd love to have people's comments this week, since I owe the journal a final draft Saturday the 24th.You can see a draft here, but here's the Introduction: Speech compulsions, the Court has often held, are as constitutionally suspect as are speech restrictions: "[T]he First Amendment guarantees 'freedom of speech,' a term necessarily comprising the decision of both what to say and what not… [read post]
11 Jul 2018, 7:43 pm
Justice Anthony Kennedy was the most speech-protective justice on the most speech-protective Supreme Court in our nation's history. [read post]
1 Jul 2014, 11:31 am
The People cite s case, in opposition to this motion. [read post]
27 Oct 2008, 10:27 pm
In their opposition to cert, Denedo's counsel make two main points: (1) the Supremes don't have jurisdiction to grant cert in the case's current posture; and (2) CAAF was right. [read post]
24 Apr 2017, 9:58 pm
They don't want the courts turned into a circus.****************************************************** As to the general features that seem to me to mark a turning point in the death penalty debate:-- The deciding vote of the Supreme Court's youngest Justice, Neil Gorsuch. [read post]
22 Dec 2014, 6:50 am
Clark (1985) 38 Cal.3d 355 (California Supreme Court)). [read post]
4 Dec 2009, 8:22 am
 Am I concerned about a Supreme Court that dispenses empathy so selectively? [read post]
9 Apr 2010, 6:15 am
The men went chest to chest with “veins popping out of people's foreheads. [read post]
2 Dec 2009, 3:35 pm
He was convicted in 1981.The Supreme Court refused early this morning to hear the last-minute appeal of Johnson. [read post]
18 Sep 2008, 6:35 am
I've got a book coming out next year that explains how the nation has arrived at the perhaps odd pass that (at least in the post-1937 world) Supreme Court decisions tend to come into line with the considered judgment of the American people. [read post]
2 Feb 2016, 1:15 pm
The fact that the Council nonetheless advises putting Petrobras under observation and not excluding it is because the company’s anti-corruption procedures are recently established. [read post]
14 Jul 2022, 8:24 am
And given that a nine-member court is a poor substitute for the people's elected representatives, it is no surprise that the Court's cost-benefit analysis is radically incomplete. [read post]
15 Jul 2008, 2:00 pm
This represented clear error under the Supreme Court's holding in Williams. [read post]
