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4 Nov 2010, 11:40 am by Adam Thierer
” If a majority of the Justices choose to side with the State of California and open the floodgates to a new era of speech regulation, I very much looking forward to seeing how they reconcile that with their decision last term in the controversial case of United States v. [read post]
5 Mar 2014, 9:01 pm by Marci A. Hamilton
The Corporate Culture That Weighs Against Hobby Lobby Being a Religious Entity RFRA was not the first statute ever enacted in the United States and must be considered in light of entrenched understandings of law that preceded it. [read post]
28 Apr 2020, 6:30 am by Guest Blogger
To learn by Jack’s side—what an introduction to the craft of legal scholarship! [read post]
3 Apr 2014, 11:08 am by Abbott & Kindermann
Both federal and state environmental review were necessitated for the project, however the appellate court only reviewed the relevant state law issues. [read post]
26 Jul 2007, 11:18 am
" in the same paragraph in Westlaw produced 16 hits just in the United States Supreme Court - as recent as Watters v. [read post]
11 Feb 2021, 9:01 pm by Vikram David Amar
As the letter from this Wednesday states, “[a]fter reconsideration of the issue, it is now the position of the United States that the amended section 5000A is constitutional” and “it is also now the position of the United States that, if [the] Court nevertheless concludes that Section 5000A is unconstitutional, that provision is severable from the remainder of the ACA. [read post]
17 Sep 2021, 5:01 am by Jacob Pagano
Section 1226(a) provides that “an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. [read post]
29 Dec 2011, 4:07 am by Victoria VanBuren
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. [read post]
22 Jul 2020, 8:10 am by Daphna Renan
’ Since the earliest days of the Republic, ‘every man’ has included the President of the United States. [read post]
23 May 2018, 9:01 pm by Marci A. Hamilton
The United States Supreme Court, in a 5-4 opinion by Judge Neil Gorsuch in Epic Systems v. [read post]
25 Aug 2014, 5:05 am by SHG
The United States Supreme Court stuck defendants in the middle of a mine field, and the California Supreme Court decided that the defendant deserved to be destroyed even if he never actually stepped on a mine. [read post]
22 Aug 2011, 11:16 am by Robin Wilson
United States leave little doubt that a U.S. [read post]
23 Nov 2016, 2:22 pm by Kevin
Peggy Fontenot’s tribe is recognized by Virginia but isn’t on the BIA’s list—though state-recognized tribes are covered by the federal Indian Arts & Crafts Act. [read post]
7 Feb 2022, 7:01 am by Jack Goldsmith, Oona Hathaway
United States as if it put to rest the serious First Amendment concerns prepublication review raises. [read post]