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5 Dec 2022, 5:36 am
" (NYT).The oral argument is today.If you're trying to remember why this is still a live issue after the wedding-cake case:The court decided Masterpiece Cakeshop on an idiosyncratic ground that is not at issue in the new case, 303 Creative v. [read post]
21 May 2016, 7:19 am by Alex R. McQuade
Adam Klein provided a few thoughts on the Supreme Court’s ruling in Spokeo v. [read post]
13 Feb 2014, 3:40 am by Andrew Trask
Starcher analyzes the benefits and costs of each of these approaches, and then argues for a newer approach, one first taken in an unpublished 2012 district court case, Mey v. [read post]
9 Jan 2019, 7:02 am by Stewart Baker
But the Illinois state courts, unburdened by federal standing law, may yet give teeth to this seriously dumb law as Rosenbach v. [read post]
1 Jun 2018, 1:04 pm by Sarah Tate Chambers
” ICYMI: Yesterday on Lawfare Jeffrey Kahn presented his observations from oral arguments in Georgia v. [read post]
14 Apr 2020, 5:32 pm by CAFE
Code § 19 Presidential Succession Act of 1792 Presidential Succession Act of 1886 Congressional Research Service report on presidential succession, 6/29/05 Continuity of Government Commission succession report, 6/1/09 Jack Goldsmith, “A Presidential Succession Nightmare,” Lawfare, 3/25/20 BARR & RELIGIOUS FREEDOM Free Exercise Clause of the 1st Amendment  AG Barr’s Fox News interview with Laura Ingraham, 4/8/20 DOJ spokesperson tweeting… [read post]
8 Jan 2019, 2:16 pm by Stewart Baker
But the Illinois state courts, unburdened by federal standing law, may yet give teeth to this seriously dumb law as Rosenbach v. [read post]
2 Nov 2015, 11:01 am by Eugene Volokh
(Note there is some oversimplification below; for instance, the rules are different when the defender is actually the initial aggressor, for instance if D attacks V, V fights back, and then D kills V in “self-defense. [read post]
9 Dec 2017, 3:59 am by Garrett Hinck
Catherine Padhi explained the law and history of federal states of emergency. [read post]
18 Oct 2014, 6:54 am by Benjamin Bissell
” Lauren Bateman provided a blow-by-blow readout of the hearing on the Department of Justice’s state secrets claim in Restis v. [read post]
29 Aug 2012, 12:35 pm
  Castrillon agreed to organize the smuggling of 100 kilos of marijuana, worth $70,000 to $100,000, from Tijuana to the United States. [read post]
25 Feb 2019, 3:03 am by Walter Olson
In real life meanwhile big-ticket libel suits are used to silence conservatives [Competitive Enterprise Institute press release (leading media orgs including RCFP, SPJ, ASNE support rehearing of D.C. court ruling favorable toward Michael Mann defamation action), NR editors, Jack Fowler] “The media’s Covington coverage was appalling, but Nick Sandman’s libel lawsuit is not the answer” [Robby Soave, Irina Manta] Another part of the forest: Justice Clarence Thomas… [read post]