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20 Nov 2013, 7:41 pm
With respect to this second objective, constitutional theory can be understood as engaging in a normative project—a project that speaks to fundamental values in the relationship of the entity to its members and to others,[27] and to constrain politics.[28] This is a project that is meant to help distinguish among incarnations of institutional actors,[29] as well as among those societal aggregations from which such constructions might arise. [read post]
24 Oct 2013, 10:26 am by Paul Rosenzweig
Pure privacy—that is, the privacy of activities in your own home—remains reasonably well-protected.[8] What has been lost, and will become even more so increasingly, is the anonymity of being able to act in public (whether physically or in cyberspace) without anyone having the technological capacity to permanently record and retain data about your activity for later analysis. [read post]
6 Oct 2013, 12:43 pm by Kevin Shah
In a decision that expands the First Amendment’s definition of protectable speech, the United States Court of Appeals for the Fourth Circuit held in Bland v. [read post]
3 Oct 2013, 9:01 pm by John Dean
  Our Constitution calls for an ongoing and perpetual government unless modified under the amendment process set forth in Article V of the Constitution or by revolution. [read post]
1 Oct 2013, 12:00 pm by Peter Margulies
  The government showed a couple of years ago in Ashcroft v. al-Kidd (finding that the Attorney General had qualified immunity in a lawsuit by a material witness detained in a terrorism investigation) that persuading a judge or judges in an en banc rehearing to write a well-crafted dissent can pave the way for a victory at the Supreme Court. [read post]
24 Sep 2013, 10:12 am by Kirk Jenkins
  Counsel pointed out that after the Fifth District’s decision in Rogers had come down, the First District, Division Five had decided the same question the opposite way in Guzman v. 7513 West Madison Street, Inc. [read post]
4 Sep 2013, 12:57 pm by Matthew L.M. Fletcher
  The last time the doctrine of tribal sovereign immunity was before the Court was in Madison County v. [read post]
15 Aug 2013, 8:10 am
That is, the course must serve to cobble the pedagogical objectives of the rest of the first year curriculum so that students will have a foundation for leveraging the learning of each of these first year courses well beyond the learning silos made necessary by the way in which we must structure learning. [read post]