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9 Aug 2019, 11:09 am by JB
Unlike most contemporary originalists, he pays relatively little attention to parsing the words of constitutional text, or to their history. [read post]
20 Jun 2013, 2:35 pm by Timothy P. Flynn
 Each of us lost a little sliver of our 5th Amendment right to remain silent along with Salinas' affirmed conviction.The plurality decision in this case seems to split a hair relative to our constitutional rights while being interviewed or, by extension, interrogated by law enforcement. [read post]
5 Nov 2012, 8:24 am by Second Circuit Civil Rights Blog
The Court of Appeals has reversed summary judgment in a disability discrimination case, holding that the jury could find that the plaintiff was disabled under the Americans with Disabilities Act and that her employer offered pretextual reasons for her termination.The case is Bar-Tur v. [read post]
13 Jun 2023, 8:32 pm by Jacob Katz Cogan
Contents include: EditorialIsrael: Cry, the Beloved Country; Vital Statistics; Book Review EditorS; In This Issue; In This Issue – Reviews EJIL Foreword Antony Anghie, Rethinking International Law: A TWAIL Retrospective Articles Anne Saab, Discourses of Fear on Climate Change in International Human Rights Law Year-Long Symposium: Re-Theorizing International Organizations Law: Reconsiderations, Hidden Gems, and New Perspectives Devika Hovell, Jan Klabbers &… [read post]
8 May 2014, 7:14 am by Second Circuit Civil Rights Blog
This means that if the federal judges (who interpret the Constitution every day) know in their heart of hearts that the defendant did not get a fair trial, they have to sustain the conviction if "fairminded jurists could disagree" about the state court's proper application of constitutional precedent.The case is Matthews v. [read post]
22 Aug 2023, 8:21 am by Christine Corcos
The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. [read post]