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8 Mar 2010, 1:24 am by Kevin LaCroix
Supreme Court in the 1943 case of United States v. [read post]
29 May 2012, 12:30 pm by Andrew K. Woods
First, I’m not sure that 3pp v. 2pp perfectly captures the “retributive v. consequentialist” divide. [read post]
7 Apr 2009, 12:44 pm
Rev. 480 (1990), has been cited for the proposition that the brief that Dawn Johnsen wrote in Webster v. [read post]
8 Feb 2012, 2:56 pm by Eugene Volokh
(Cf Hurley v Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 US 557, 574 [1995] ["the point of all speech protection ... is to shield just those choices of content that in someone's eyes are misguided, or even hurtful. [read post]
8 Feb 2012, 2:56 pm by Eugene Volokh
(Cf Hurley v Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 US 557, 574 [1995] ["the point of all speech protection ... is to shield just those choices of content that in someone's eyes are misguided, or even hurtful."]; Texas v Johnson, 491 US 397, 414[1989] ["If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable [read post]
14 Oct 2010, 8:11 pm by Randall Reese
" Among the alleged statements which Schutt argues violate the automatic stay are statements which (i) attempt "to spread fears among current and prospective Schutt customers that Schutt products lack safety certification and adequate products liability coverage" and (ii) "raise the specter that an investment in Schutt products would leave a buyer without future replacement helmets or parts. [read post]
14 Jul 2015, 6:00 am by Guest Blogger
” But of course the Constitution had EVERYTHING to do with it, although it wasn’t the Constitution as Roberts was comfortable translating it.In his Obergefell dissent, Roberts repeatedly invoked the specter of Lochner v. [read post]
9 Dec 2011, 6:07 am by Aaron Tang
I really do hope that the Court doesn’t edge back towards Ohio v. [read post]
17 May 2007, 4:49 pm
Kmiec then attacks Senator Specter for suggesting that the hospital incident has an air of the Saturday Night Massacre about it -- "the comparison to Watergate is wholly inapt," writes Kmiec, because "Watergate involved a real crime. [read post]