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22 Jun 2013, 7:02 am by Benjamin Wittes
Over the past two-and-a-half years, we have published over a hundred posts on the NDAAs and related legal developments, including the Southern District of New York’s important decision in Hedges v. [read post]
16 Jun 2013, 3:02 am by Howard Friedman
The court concluded that the sex offender program did not burden a religious exercise, finding that "Objectivism" is not a religion.In Maxwell v. [read post]
15 Jun 2013, 3:21 pm by Schachtman
” RMSE3d at 582 n.93; id. at 582 n.94 (“Thus, in Smith v. [read post]
12 Jun 2013, 1:08 pm by Eduardo Penalver
 The argument that it does will run into Employment Division v. [read post]
10 Jun 2013, 1:28 pm
This is especially so when the Court recently held that the Property Clerk's failure to commence a forfeiture action within the 25 day period, after a timely demand is made, fatal; as held in the case of Property Clerk, New York City Police Department v Smith, decided by the First Department in 2009; Property Clerk, New York City Police Department v Seroda, also decided by First Department in 1987. [read post]
9 Jun 2013, 5:48 pm by James Ridgway
  In big money benefits cases such as Smith v. [read post]
5 Jun 2013, 5:29 am by Schachtman
  These objections are potentially true, but the burden remains on the proponent. [read post]
4 Jun 2013, 5:31 pm by Michelle N. Meyer
One might have thought that the Court went out of its way to avoid finding that the primary purpose of the DNA collection at issue is “to detect evidence of ordinary criminal wrongdoing,” (Indianapolis v. [read post]
20 May 2013, 4:48 am by Matthew L.M. Fletcher
Smith, in which the Court concluded that a claim that a neutral and generally applicable criminal law burdens religious conduct need not be evaluated under the “compelling interest” test set out by the Court in Sherbert v. [read post]