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27 Oct 2009, 1:02 pm
But it has its downsides when it comes to the en banc vote, since it's not only people like me who can recognize a panel's particular tilt. [read post]
24 Sep 2009, 11:22 am
Especially when it's a rich dude getting completely off when people with far less influence and resources rot away. [read post]
27 May 2014, 1:45 pm by Matthew R. Arnold, Esq.
Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect my divorce case? [read post]
First, although the court might purport to restore the pre-Smith compelling interest test, as Congress did when it reinstated the 1963 rule of Sherbert v. [read post]
22 Oct 2009, 11:58 am
As well as what we should expect.Beyond this larger point, I did want to make one other particularized critique of Judge Smith's view -- or, perhaps more accurately, of the FLSA (depending on whether or not you think that Judge Smith's done the right thing here, which I think most people would).Judge Smith's holding is based upon the intuition that since the nurses prefer this regime, and since it was done for their benefit, the FLSA time-and-a-half… [read post]
20 Jan 2015, 2:26 pm by Kent Scheidegger
Smith largely repudiated the method of analysis used in prior free exercise cases like Wisconsin v. [read post]
3 Apr 2008, 9:15 am
The wackiness of Watson is not the result but the reasoning:  Watson distinguishes rather than overrules Smith v. [read post]