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15 May 2020, 8:17 am by Eugene Volokh
., 447 U.S. 557, 565 n.8 (1980) (expressly distinguishing between the overbreadth doctrine and an intermediate-scrutiny narrow-tailoring challenge, and noting that, in the latter type of challenge, "to the extent the limitations are unnecessary to serve the State's interest, they are invalid"). [read post]
14 May 2020, 9:01 pm by Vikram David Amar
An important case pending before the Supreme Court may provide important guidance on the question whether the Equal Protection Clause prohibits states from denying government subsidies to religious organizations who will use the funds for religious purposes. [read post]
14 May 2020, 7:15 pm by Jonathan H. Adler
On the latter point, we explain: Justice Thomas has expressed the desire to align severability doctrine with "traditional limits on judicial authority" and eschew any "nebulous" inquiries into "hypothetical congressional intent. [read post]
14 May 2020, 1:32 pm by Scott R. Anderson, Margaret Taylor
The latter would allow absent members to directly engage in proceedings and cast their votes, which would better approximate in-person House proceedings while eliminating any concerns about proxies. [read post]
14 May 2020, 6:56 am by Mark Movsesian
And if that's true, it would explain why church services, like movie screenings and concerts and lectures, aren't in the same category as grocery shopping, and, consequently, why the government could curtail the former while allowing the latter. [read post]
14 May 2020, 6:30 am by Guest Blogger
Buckley sides with the latter. [read post]
14 May 2020, 4:55 am by SHG
Would transferring the burden from wealthy neighborhoods to poorer neighborhoods make schools better for the latter, since the former will be compelled to provide gold-plated laptops to everyone or they won’t be able to get them for their own lil darlings, or will this mean that education gets homogenized and excellent school districts will no longer be capable of existing as their funding will be siphoned off to districts lacking their tax base? [read post]
14 May 2020, 3:42 am by SHG
The gravamen of the decision is whether the closure was done by emergency order or rule, and if the latter, whether it was done in accordance with the state’s administrative procedure law. [read post]
14 May 2020, 12:13 am by Josh Blackman
The latter case does present a jurisdictional standing question: is there a cognizable injury? [read post]
13 May 2020, 9:01 pm by Neil H. Buchanan
Having witnessed decades of shocking cynicism on the part of Republicans, I sometimes think that I can no longer be shocked when they become even more cynical. [read post]
13 May 2020, 3:46 pm by Phillips & Associates
Federal law says that that latter group are still protected by discrimination law and can sue if they are the victims of workplace discrimination. [read post]
13 May 2020, 12:33 pm by Verushka Reddy
The difference between the two categories of dispute, broadly speaking, is that the latter is a more egregious form of dismissal, over which the Labour Court has exclusive jurisdiction. [read post]
13 May 2020, 10:42 am by Eugene Volokh
" In the Church of Jesus Christ of Latter-day Saints, young men of good standing in the Church become priests in the Aaronic order at age 12, after going through an ordination ceremony involving the laying on of hands. [read post]
13 May 2020, 6:20 am by Charlotte Butash, Hilary Hurd
The current round of the protracted battle over President Trump’s tax returns is nearing its final act, and, thanks to a pandemic-induced twist, everyone could tune in. [read post]
13 May 2020, 12:12 am by Léon Dijkman
However, if this latter view is correct, one wonders to what extent the balance struck in Article 8(2) Enforcement Directive likewise places a ceiling on "rights to receive fuller information" under Article 8(3). [read post]
12 May 2020, 12:52 pm by Josh Blackman
The former case considers congressional subpoenas and the latter case considers state grand jury subpoenas. [read post]
12 May 2020, 11:52 am by Margaret Taylor
This week, the Senate will vote on five amendments to H.R. 6172, which would reauthorize certain intelligence-related authorities that expired on March 15 and would also make substantive changes to the Foreign Intelligence Surveillance Act (FISA) and related laws. [read post]