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23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
23 Jun 2021, 1:39 pm by Mark Movsesian
Court watchers thought the Justices might use Fulton as an occasion to revisit their landmark 1990 ruling in Employment Division v. [read post]
21 Jun 2021, 9:10 am by dferriero
Photo of the Herbert Hoover Presidential Library-Museum by A/V Archivist Lynn Smith The Herbert Hoover Presidential Library-Museum, is located in West Branch, Iowa, on the ancestral lands of the Iowa (Bahkhoje) Tribe and the Sac (Thakiwaki) and Fox (Mesquakie) Nation. [read post]
21 Jun 2021, 3:33 am by Andrew Lavoott Bluestone
Fine Art Ltd. v Lacher, 115 AD3d 600, 601 [2014]), and requires a showing of “egregious conduct or a chronic and extreme pattern of behavior on the part of the defendant attorneys” (Savitt v Greenberg Traurig, LLP, 126 AD3d 506, 507 [2015] [internal quotation marks omitted]; see Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615 [2015]; Wailes v Tel Networks USA, LLC, 116 AD3d 625, 625-626 [2014]). [read post]
20 Jun 2021, 9:08 pm by Cary Coglianese
One of the most anticipated decisions of this Supreme Court term—Fulton v. [read post]
20 Jun 2021, 9:05 pm by Amanda Shanor
By a 5-4 vote in Tandon v. [read post]
20 Jun 2021, 9:00 am by Eugene Volokh
O Centro, which involved a small religious group's use of the hallucinogenic drug hoasca, and Holt v. [read post]
18 Jun 2021, 1:20 pm by Jim Oleske
Smith, a landmark 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from neutral and generally applicable laws, or (2) sharply limit the impact of Smith by turning a caveat the Smith majority used to distinguish a prior case — the “mechanism for individualized exemptions” reading of Sherbert v. [read post]
17 Jun 2021, 8:36 am by Howard Friedman
CSS urges us to overrule Smith, and the concurrences in the judgment argue in favor of doing so.... [read post]
14 Jun 2021, 7:38 am by Eugene Volokh
But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. [read post]