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24 Jun 2018, 4:17 am by SHG
There is little doubt that Stephen Miller makes a great target. [read post]
22 Jun 2018, 10:18 am by Orin Kerr
We do not express a view on matters not before us: real-time CSLI or "tower dumps" (a download of information on all the devices that connected to a particular cell site during a particular interval). [read post]
Phillips’ perspective, his refusal to create a cake for a same-sex wedding seemed similarly within the discretion of the baker, and his disinclination to recognize the legitimacy of same-sex weddings as a matter of religious conviction appeared to be no more discriminatory than the state’s refusal to recognize such weddings as a matter of law. [read post]
13 Jun 2018, 4:30 am by Public Employment Law Press
Rather, the ALJ found that the persons who investigated and prosecuted the disciplinary matter had an independent and good faith basis to file the charges. [read post]
7 Jun 2018, 8:00 am by Daniel Perlman
It is the district attorney’s absolute power to refuse to file charges no matter how solid the evidence. [read post]
31 May 2018, 9:01 pm by Vikram David Amar
But even as the lawsuit seeks to attach some legal flesh onto the political bones of the dispute, the litigation also highlights two recurring problems with the debate so far: (1) the term “sanctuary” is too broad, as a legal matter, insofar as it is used as an umbrella to cover many state and local actions that are very different (legally speaking) from one another; and (2) the legal positions advanced by the federal administration and ambitious states like California are both… [read post]
31 May 2018, 4:17 pm
§ 101, but the Board reversed those rejections, and entered new grounds of rejection, finding the claims to be subject-matter ineligible as "directed to software per se and, thus, are not within one of the four classes of statutory subject matter", and also as "a mere arrangement of 'printed matter' and merely claiming the content of 'printed' information. [read post]