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14 Sep 2022, 7:45 am by Eugene Volokh
Let's now consider how these principles might apply to state regulations of social media platforms, and in particular to statutes (whether framed as public accommodations statutes or quasi-common-carrier statutes) that ban discrimination based on various attributes of a user or of the user's speech. [read post]
14 Sep 2022, 12:00 am by Hayleigh Bosher
I expect that many more readers, whether from academia or practice, will feel the way I did when reading the book: aroused and sympathetic to Goold's cause, but with thoughts of their own on how to proceed. [read post]
13 Sep 2022, 6:43 pm by John Floyd
Future analyses will seek to understand and address barriers to release and how to resolve these cases more efficiently. [read post]
13 Sep 2022, 2:11 pm by ttetting
Earlier this year, on June 6, 2022, the United States Supreme Court issued its decision in Gallardo v. [read post]
13 Sep 2022, 12:10 pm by Lawrence Solum
  Here is the abstract: In the high profile, politically salient cases of New York State Rifle and Pistol Association, Inc. v. [read post]
13 Sep 2022, 11:33 am by Jonathan Bailey
Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  It is, I think, a pernicious feature inasmuch as it generates an unwillingness to emulate what was most truly admirable about the “Founders,” their willingness to engage in what Federalist 1 called “an argument open to all,” where Americans were treated as serious people, capable of thinking about the most fundamental issues of governance, and then deciding, after suitable “reflection and choice,” how they wished to be governed. [read post]
13 Sep 2022, 5:32 am by Eugene Volokh
The relevance of technological imperfection will depend in part on how demanding the state regulation is. [read post]
12 Sep 2022, 9:00 pm by Kyle Hulehan
Some people may possess a sense of fairness that opposes disproportionately high taxes on them as a matter of principle, but for most, what matters more is how it affects the broader public: what it does for the Commonwealth’s economy, understood in terms of jobs, growth, opportunity, and income-earning potential for individuals who will never join the rarified company of those actually remitting under the proposed surtax. [read post]
12 Sep 2022, 7:23 pm by John Floyd
  Qualified Immunity   In 1989, the United States Supreme Court in Graham v. [read post]
12 Sep 2022, 12:30 pm
Ct. 1614, 1618 (2022) (Barrett, J.); United States v. [read post]