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15 May 2019, 2:58 am by Walter Olson
“Banana Costume Copyright Assailed at Third Circuit” [Emilee Larkin, Courthouse News, earlier] In a new piece for The Bulwark, I sort through some comments by presidential candidate Pete Buttigieg critical of identity politics; Supreme Court’s decision in Apple v. [read post]
13 May 2019, 6:00 am by Guest Blogger
  On the human rights front, Americans confronted and eliminated de jure racial discrimination in employment and academia between 1948 and 2019; the U.S. recognizes a federal constitutional right to same sex marriage unlike the European Court of Human Rights; the Supreme Courts of India, Japan, Indonesia, and South Korea in a world where Russia, China, and all Islamic countries persecute LGBTQ people. [read post]
28 Apr 2019, 5:44 am by Marci A. Hamilton
The Supreme Court said as much when two important cases are read together: the 1905 decision in Jacobson v. [read post]
26 Apr 2019, 9:30 pm by Dan Ernst
ICYMI: An ABA Journal Gallery: 12 Supreme Court milestones that helped define First Amendment rights. [read post]
25 Apr 2019, 5:47 pm by Sabrina I. Pacifici
Now, the State of Georgia wants to go to the Supreme Court to argue for its right to charge the people of Georgia to know which laws they are supposed to be following. [read post]
10 Apr 2019, 7:50 am by Eugene Volokh
Williams, 553 U.S. 285 (2008) (upholding criminal punishment for certain speech that was seen as integral to criminal conduct). [4] Idaho Code §§ 18-4801 to 18-4809 (2016); Kan. [read post]
10 Apr 2019, 7:50 am by Eugene Volokh
Williams, 553 U.S. 285 (2008) (upholding criminal punishment for certain speech that was seen as integral to criminal conduct). [4] Idaho Code §§ 18-4801 to 18-4809 (2016); Kan. [read post]
5 Apr 2019, 12:30 pm by John K. Ross
Not at all, says the Sixth Circuit; the Supreme Court has said informed consent requirements like this are A-OK. [read post]
5 Apr 2019, 12:30 pm by John Ross
Not at all, says the Sixth Circuit; the Supreme Court has said informed consent requirements like this are A-OK. [read post]
28 Mar 2019, 9:00 am
Min took his case all the way to the Supreme Court, but the justices shamefully upheld his conviction. [read post]
27 Mar 2019, 1:47 pm by John Floyd
  The Idaho Supreme Court, however, noted that it had joined the two federal appellate circuit courts that had refused to literally adopt the Roe v. [read post]
26 Mar 2019, 6:44 am by Kevin Kaufman
Key Findings State and local governments have used car rental excise taxes to raise revenue, including for projects like stadium construction and amateur sports funding. [read post]
8 Mar 2019, 2:38 am by Lyle Denniston
Sixth, it is far from clear – primarily because the Supreme Court had taken various positions on it over the years – whether disputes over constitutional amendments are “political questions” to be answered by Congress, or judicial issues to be resolved by the courts, ultimately the Supreme Court, or shared between those two branches? [read post]
3 Mar 2019, 11:29 pm by Jeff Gittins
The bill also clarifies that there is a right of appeal to the Utah Supreme Court for any district court order that resolves an objection in a general adjudication. [read post]