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22 Jul 2020, 7:38 am by Phil Dixon
Abbasi, 582 U.S. ___, 137 S.Ct. 1843 (2017) (Thomas, J., dissenting) (arguing for repeal of qualified immunity on originalist grounds). [read post]
21 Jul 2020, 7:00 am by Ronald Collins and David Hudson
Such resolve is apparent in the tenor of his free speech opinions: “Speech is powerful. [read post]
19 Jul 2020, 9:07 pm by Jaclyn Kelley-Widmer
In Department of Homeland Security v. [read post]
18 Jul 2020, 4:35 pm by INFORRM
Shane Thomas Young v US No.18-6221, the Tenth Circuit held that lying by law enforcement during an interrogation was acceptable but that lying about having a special relationship with the judge was not. [read post]
18 Jul 2020, 9:40 am by Guest Blogger
  Koppelman has made one, and I will join him – with just a few small differences – here.To assess Koppelman’s claims, I am going to return to Masterpiece Cakeshop v. [read post]
16 Jul 2020, 9:01 pm by Vikram David Amar
In Part One of this series, I explained why last week’s opinions in Chiafalo v. [read post]
14 Jul 2020, 9:30 pm by ernst
Yet he saw its usefulness “to limit and qualify the powers of the Government, by excepting out of the grant of power those cases in which the Government ought not to act, or to act only in a particular mode. [read post]
13 Jul 2020, 10:00 am by Ezra Rosser
LynchKate Stoneman Chair in Law and Democracy, Director, Center for Excellence in Law Teaching,Director, Domestic Violence Prosecution Hybrid Clinic, Albany Law School Rhonda V. [read post]
13 Jul 2020, 6:30 am by Guest Blogger
It is for this reason that the doctrine fell out of favor with the Rehnquist Court and was essentially abandoned in the mid-1990s (Justice Thomas penning its demise in Harper v. [read post]
13 Jul 2020, 3:00 am by James Romoser
” At Notice & Comment, a blog from the Yale Journal on Regulation, James Phillips pinpoints a key passage from Justice Clarence Thomas’ majority opinion in Little Sisters of the Poor v. [read post]