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18 Jan 2022, 5:00 am by Eric Segall
" And, this, of course, is how they suggest Brown v Board of Education can be justified on an originalist basis even if the expected application of the 14th Amendment as a whole by the people at the time was that it allowed segregated schools. [read post]
16 Jan 2022, 9:01 pm by Joseph Margulies
In 1956, more than four-score southern congressmen and 19 southern senators released their famous broadside against Brown v. [read post]
The motion judge does not cite any authority for this conclusion, and it is at odds with other authorities, most notably, this court’s decision in Thompson v. [read post]
12 Jan 2022, 12:35 pm by John Elwood
United States — in which a splintered majority of the Supreme Court held that the CWA does not regulate all wetlands. [read post]
11 Jan 2022, 2:41 am by rainey Reitman
  Resources Data Harvesting and Profiling: Ricci v. [read post]
10 Jan 2022, 10:04 am by Jenna A. Agatep
“This court is very concerned about the disparate impact automobile stops have on persons of color and the national statistics on the fatalities suffered by such communities at the hands of police officers,” wrote Justice Cypher in a fractured plurality opinion for the Supreme Judicial Court in Commonwealth v. [read post]
6 Jan 2022, 12:36 pm by David M. McLain
The economic loss rule does not bar recovery for damages based on pre-contractual fraud where the fraud induced a plaintiff to enter the contract, as discussed in Van Rees v. [read post]
3 Jan 2022, 9:35 am by Giles Peaker
This loss does not evaporate simply because of a belated act of compliance. [read post]