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22 Dec 2022, 3:10 pm
Brimmer, decided today by the Iowa Supreme Court, the majority (Justices Dana Oxley, joined by Justices Christopher McDonald, Matthew McDermott, and David May) concluded that defendant's public trial rights were violated by the complete closure of his trial, including the exclusion of his family (here, just his mother): [T]he pandemic is an overriding interest that supports the court's decision to limit the public's access to Brimmer's trial [in April 2021]. [read post]
29 Jun 2017, 9:01 pm
Court of Appeals had ruled on it. [read post]
17 Jun 2019, 9:01 pm
This defense comes from a United States Court of Appeals for the Second Circuit case (also, confusingly enough, named City of New York v. [read post]
23 May 2013, 9:01 pm
The United States Court of Appeals for the Fifth Circuit rejected the challenge, holding that Congress did not clearly resolve what “reasonable period of time” meant, and that in light of this textual uncertainty, the FCC’s interpretation of that term was entitled to deference under the famous 1984 administrative law case of Chevron v. [read post]
14 Dec 2017, 9:01 pm
Several district courts, and some United States Courts of Appeals, were quick and almost uniform in their invalidation of President Trump’s actions in this area. [read post]
3 Feb 2019, 4:51 pm
The News Group Newspapers phone hacking claims brought by Sir Elton John, David Furnish, Elizabeth Hurley and Heather and Fiona Mills settled last week. [read post]
4 Nov 2020, 9:02 pm
Court of Appeals for the Third Circuit affirmed. [read post]
19 May 2019, 9:01 pm
To be sure, one legislative motive is communicative—the legislature acts to be on public record, to appeal to constituents, etc. [read post]
17 Jul 2014, 9:01 pm
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [read post]
27 Dec 2018, 9:01 pm
There is good authority (at least in the US Courts of Appeals) that “shall issue” means “must issue,” and since Governor Ducey has failed to start the vacancy-filling election machinery by issuing election writs, he has flouted his responsibilities under the plain language of the Amendment.Whether, when he does issue election writs, he can abide by the November 2020 date for a vacancy-filling election embodied in Arizona law is a tougher matter. [read post]
14 Sep 2020, 9:01 pm
Court of Appeals for the Fifth Circuit decided a case involving access to mail-in ballots. [read post]
19 Nov 2010, 1:04 pm
Greater freedom: artistic innovations only had to appeal to fellow artists; could be more radical, transgressive. [read post]
22 Mar 2011, 4:28 am
I am pleased to reproduce below a guest post from my friend and colleague, David S. [read post]
10 Jun 2024, 5:50 am
Six or seven voters were at the center that morning when Joshua David Lubitz entered. [read post]
19 May 2016, 9:01 pm
Here they (or we, depending on point of view) go again—yet another complicated lawsuit seeking to mortally wound the Affordable Care Act (popularly known as Obamacare) is wending its way through the federal courts. [read post]
3 Mar 2022, 9:01 pm
Court of Appeals for the Eighth Circuit as having “invalidat[ed]” a Missouri Secretary of State’s “attempt to re-write” state laws concerning presidential elections. [read post]
20 May 2021, 9:01 pm
In our last column, we focused on the “Most Favored Nation” (“MFN”) approach to the Free Exercise Clause of the First Amendment from the vantage point of protecting religious exercise as a liberty right. [read post]
23 Oct 2014, 9:01 pm
Court of Appeals for the D.C. [read post]
25 Jun 2008, 6:52 pm
June 24, 2008) (David Hamilton, C.J.): At the hearing, the defendants suggested that these effects are not substantial because no one in our society can ever have absolute assurances of privacy. [read post]
31 Jan 2016, 4:07 pm
Kolber, Brooklyn Law School ‘Fire Away’: I Have No Right to Not Be Insulted, Cleveland-Marshall Legal Studies Paper No. 290, David Barnhizer, Cleveland-Marshall College of Law, Cleveland State University Next Week in the Courts On 3 or 4 February 2016 the Court of Appeal (The Chancellor, Lewison and Ryder LJJ) will hear the appeal in the case of Leslie v NGN. [read post]
