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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]
11 Jul 2009, 11:28 am
The Los Angeles Times has the story, here, about the decision in Storman's v. [read post]
6 Feb 2015, 6:31 am
Its reasoning for so holding is entirely consistent with the approach to section 60(2) laid down by the Court of Appeal in this country in Grimme v Scott and KCI v Smith & Nephew (see my previous judgment at [102]).Fourthly, the Court took into account (at [4.34]-[4.36]) the fact that Sun had not taken steps which it could have taken, but this does not appear to have been critical to its reasoning. [read post]
18 Aug 2010, 10:26 pm by Kevin Jon Heller
”  But he does not limit piracy to the Smith definition. [read post]
22 Aug 2016, 12:08 pm by Eric Goldman
2016 has been a tough year for Section 230 jurisprudence, and the nadir (so far) was the appellate court ruling in Hassell v. [read post]
26 Aug 2019, 8:23 am by Kalvis Golde
Smith,” a 1990 decision holding that a neutral and generally applicable government regulation that affects members of a specific religion does not violate the free exercise clause. [read post]