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11 Sep 2007, 11:15 am
Long and Joyce Long (collectively, the Longs) with regard to a prescriptive easement on certain real property in Fountain County. [read post]
20 Mar 2020, 10:16 am by David Bernstein
I counter that we also have to consider unlikely but at least remotely possible worst-case economic scenarios, such as the shutdowns plus government intervention causing a massive long-term contraction, or, alternatively, hyperinlation: Someone needs to do a cost-benefit analysis for the containment measures being considered and in some states (like my own) implemented. [read post]
5 Jun 2024, 8:10 am by David Bernstein
In practice, though, I suspect that so long as an individual's ancestors had Indian citizenship, it's very unlikely anyone will question whether they are "really" Indian and thus Asian American. [read post]
14 Apr 2015, 7:14 am
Such allegations … satisfy the Calder effects test for personal jurisdiction, and therefore, the Constitution [is] not offended by the exercise of Florida’s long-arm statute to effect personal jurisdiction over the nonresident defendant. [read post]
8 Apr 2014, 6:55 pm
Given that the Christian belief that the only proper sexual coupling is one man and one woman in marriage long predates societal recognition of the category of “homosexual,” it would seem obvious that the belief system itself did not come into being as an excuse to discriminate against that category (which is not true in my brit milah example below). [read post]
26 Oct 2022, 7:40 am by David Bernstein
Given that the driving force behind affirmative action was and pretty clearly continues to be the felt need to redress the effects of long-term discrimination and worse against African Americans, I wonder if we would have been better off if Powell, instead of adopting the diversity rationale, had adopted Marshall's opinion, but still held the UC Davis quota program unconstitutional to the extent it included Mexicans and Asians. [read post]
9 Nov 2022, 5:56 am by David Bernstein
Second, I think the conservatives gave the clear impression that they think the defendants and similarly situated schools have been openly cheating—the Court keeps telling them they need to use race is a narrowly tailored way, and they keep acting as if the Court told them they could do whatever they want so long as they don't use hard quotas. [read post]
16 Oct 2014, 8:30 am
 But this battle is a very important one; I have said before that protecting our right to speak anonymously on the Net is going to be fiercely contested over the next decade or so, and these SORNA cases are just the first shots across the bow, and the development of this doctrine in these cases is going to matter for the long term. [read post]
29 Apr 2021, 12:13 pm by David Bernstein
Strang, for his part, noted that he no longer would make the same argument today, and that he had indeed long since successfully asked the publisher to pull the article from its website. [read post]
14 Mar 2023, 5:49 am by David Bernstein
The heart of the equal protection clause, which governs this case (including for Harvard, because that clause has been deemed coextensive with Title VI of the 1964 Civil Rights Act) has long been a prohibition on arbitrary classifications. [read post]
17 Mar 2024, 9:02 am by David Bernstein
" Of course, there are those who take the latter position, or the Biden position, which is to support Israel but be critical of specific wartime policies and the lack of a long-term plan. [read post]
1 Nov 2022, 10:23 am by David Kopel
[Professors Miller and Tucker miss the mark, while Saul Cornell disdains accuracy] An article by Duke law professor Darrell A.H. [read post]
24 Oct 2018, 1:03 pm by Edward Smith
The biker has been identified by his loved ones as 64-year-old David Jess Ring of Merced, a devout member of a local Christian motorcycle club. [read post]
One of the most contentious cases of the Supreme Court’s term has been Masterpiece Cakeshop, Ltd. v. [read post]
22 Sep 2019, 8:03 am
”Pamela goes into a funny monologue about the weird confluence between Todd Rundgren (“Todd is God,” she says), John Lennon and Mark David Chapman, Lennon’s assassin. [read post]
8 Dec 2015, 1:58 pm by Elina Saxena
However, in Foreign Policy, David Francis outlines why that may not actually be such a good idea. [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
Disagree w/David that we should take solace in wm.com. [read post]
15 Feb 2022, 12:24 pm by Neil H. Buchanan
  I rarely read beyond his headline and first paragraph, because it only takes that long to figure out whether he has anything at all to say. [read post]