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20 Apr 2010, 2:37 pm by Adam Thierer
  In 1865, Congress banned sending obscene materials through the mails, apparently out of concern about adult novels being mailed to Federal troops at the front.[17] In the late 1800s, for example, Anthony Comstock, founder of the New York Society for the Suppression of Vice, used the mail system as the primary mechanism of his censorship crusades. [read post]
30 Jul 2014, 12:01 am
The government cites no cases supporting this novel argument. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
Concluding that the EPA had claimed to discover “an unheralded power” to effect a “nationwide transition away from the use of coal to generate electricity,” it ruled in a 6-3 decision, authored by the Chief Justice, that: “[I]t is not plausible that Congress gave the EPA the authority to adopt on its own such a regulatory scheme in Section 111(d)” of the Clean Air Act.[18] Chief Justice Roberts’ decision, while greatly disappointing to environmentalists, can… [read post]
30 Dec 2016, 8:36 am by familoo
The relevant law here is section 31G(6) of the Matrimonial and Family Proceedings Act 1984 (inserted in 2014 when the Family Court was created but drawn from earlier legislation), which says : Where in any proceedings in the family court it appears to the court that any party to the proceedings who is not legally represented is unable to examine or cross-examine a witness effectively, the court is to— (a)     ascertain from that party the matters about which the… [read post]
26 May 2009, 5:34 pm
In light of the evolution of our state’s understanding concerning the equal dignity and respect to which all persons are  entitled without regard to their sexual orientation, it is not appropriate to interpret  these provisions in a way that, as a practical matter, excludes gay individuals from  the protective reach of such basic civil rights. [read post]
8 Apr 2022, 5:55 am by Deborah Pearlstein
The president’s words matter, and these words in particular implicate a complex range of both U.S. and international institutions and interests. [read post]
2 Jan 2024, 5:50 am by Caroline Fredrickson
”  Since that 1974 opinion on self-pardons has never been tested, we cannot know exactly how a lower federal court or the Supreme Court itself might approach the question, although it certainly has the merit of falling on the side of common sense, the normal usage of the word “to grant,” and the historical understanding that the use of the pardon was a matter of grace by the executive, as well as constitutional text, structure and original meaning. [read post]
22 Sep 2023, 5:55 am by Michael Dreeben
(Editor’s Note: This is Part II of a two-part series regarding the digital-privacy paradox that has emerged from the Supreme Court’s revolutionary 2018 decision in Carpenter v. [read post]
9 Sep 2016, 12:17 pm by Arthur F. Coon
., projected the plan amendment’s strategies — including backfilling the Quarry pit with fill containing mixed organic matter and placing non-limestone material on exposed limestone areas — would ultimately reduce the Quarry’s release of selenium and result in water quality meeting acceptable standards. [read post]
6 Nov 2011, 9:35 pm by Jeff Gamso
LET us go then, you and I,When the evening is spread out against the skyLike a patient etherized upon a table;Let us go, through certain half-deserted streets,The muttering retreats        Of restless nights in one-night cheap hotelsAnd sawdust restaurants with oyster-shells:Streets that follow like a tedious argumentOf insidious intentTo lead you to an overwhelming question…. [read post]
25 Nov 2020, 1:05 pm by Kalvis Golde
A former contributor to SCOTUSblog, Tucker is also the author of the novel Called On. [read post]
9 Aug 2011, 4:13 pm by Elizabeth Price Foley
The proposed shift from “activity” to “decisions” is novel and breathtakingly broad. [read post]
7 Aug 2018, 12:49 pm by Timothy Zick
And all such questions could be actionable under Abbas’s novel defamation theory. [read post]
21 Oct 2018, 10:29 am by Schachtman
In April 2018, Michaels participated in a ruse in which he allowed himself to be “subpoenaed” by Mark Lanier, to give testimony in a cases involving claims that personal talc use caused ovarian cancers.7 Michaels had no real subject matter expertise, but he readily made himself available so that Mr. [read post]
11 Sep 2010, 12:32 am
The novel claim element was the single anchor. [read post]
9 Jun 2023, 8:36 am by Ashwin Varma
There may, indeed, be exclusion—to the distaste of the rivals to Krystexxa and Tepezza—but that doesn’t matter if the PBM has been fully compensated by equivalent-magnitude rebates on other products. [read post]
28 Nov 2022, 1:42 pm by Cynthia Marcotte Stamer
January 30 Deadline To Comment On HHS’ Proposed Changes To Substance Use Confidentiality Rules Employers, their health plans and issuers, substance abuse, mental health and other healthcare providers, health care professional associations, consumer advocates, community organizations, state and local government entities, patients and caregivers and others concerned with mental health and substance abuse treatment and management should review and comment by January 30, 2023 on proposed… [read post]
11 Dec 2008, 7:06 pm
As a practical matter, that shouldn't be all that surprising, we suppose. [read post]
26 Sep 2023, 7:59 am by Ted Parson
Moratoria vary widely in their specifics, and these matter – most importantly, what activities are covered by the moratorium. [read post]