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13 Jan 2014, 7:26 am
I argue that the primacy of liberty was the basic premise of the classical liberalism that lies at the foundation of American constitutional system—that is articulated in the Declaration of Independence—and that ought to guide our interpretation of the nation’s fundamental law. [read post]
12 Jan 2014, 3:14 pm
Tim is a principal attorney at the Pacific Legal Foundation, a national libertarian public interest legal group that defends economic liberty and private property rights, and is also the author of Cornerstone of Liberty: Property Rights in 21st Century America (2006) and The Right to Earn A Living: Economic Freedom And The Law (2010). [read post]
11 Jan 2014, 9:09 pm
The Court made clear that it will never be easy to enlarge a bankruptcy judge’s power by just changing the label on the type of case, commenting that if judicial power could be taken from Article III courts that way, then Article III “would be transformed from the guardian of individual liberty and separation of powers the Court has long recognized into mere wishful thinking. [read post]
9 Jan 2014, 10:59 am
Had it been “law for the layman,” or otherwise of public interest, it might constitute the nucleus and foundation of the law of evidence today. [read post]
3 Jan 2014, 7:10 am
Liberty Univ., 733 F.3d at 98; cf. [read post]
1 Jan 2014, 2:24 pm
The Notre Dame Vice President added, however, that "the program may be terminated once the university's lawsuit on religious liberty grounds against the HHS mandate has worked its way through the courts." [read post]
27 Dec 2013, 10:41 pm
Cir. 2012), subjective bad faith only requires proof that the “lack of objective foundation for the claim ‘was either known or so obvious that it should have been known’ by the party asserting the claim. [read post]
27 Dec 2013, 8:28 pm
AP: How would you explain your pluralist theory of Legal Institutions to non-lawyers? [read post]
18 Dec 2013, 1:34 pm
Judge Richard Leon's ruling demolishes the already shaky legal foundation for the NSA's mass surveillance program, and makes it clear that reform means ending the unconstitutional suspicionless surveillance programs. [read post]
18 Dec 2013, 9:33 am
Signers included the American Civil Liberties Union, the Council on American-Islamic Relations, Electronic Frontier Foundation, Greenpeace USA, PEN American Center, Progressive Change Campaign Committee, TechFreedom, and others. [read post]
16 Dec 2013, 6:37 pm
Leon, a Bush appointee, in a case brought by Larry Klayman, a conservative activist, who is seeking to represent a class of all Americans.Similar legal challenges to the N.S.A. program, including by the American Civil Liberties Union and the advocacy group Electronic Frontier Foundation, are at earlier stages in the courts. [read post]
16 Dec 2013, 12:41 pm
From a legal standpoint, the most significant part of Judge Leon’s ruling was that it would undercut the most significant foundation the government has claimed for the legality of the telephone data sweeps. [read post]
13 Dec 2013, 8:41 am
A similar but much more expansive point has been made in the United States, by legal scholar Randy Barnett, who has repeatedly argued for a converse “presumption of liberty” where state action challenges the personal liberty of individuals. [read post]
24 Nov 2013, 4:00 am
Johnson, at her mother’s request, had helped her mother in arranging for physician-assisted suicide in Switzerland, where the practice is legal. [read post]
23 Nov 2013, 3:08 pm
Legal Process Theories --John Hart Ely, Democracy and Judicial Review, 28 Stanford Lawyer 3-9 (Spr. [read post]
20 Nov 2013, 7:41 pm
Global Legal Stud. 20(2):523-550 (2013). [read post]
20 Nov 2013, 1:08 pm
Yesterday, the Digital Media Law Project joined an all-star cast of organizations (including the American Civil Liberties Union, the ACLU of Kentucky, the Electronic Frontier Foundation, the Center for Democracy & Technology, the Public Participation Project, and Wendy Seltzer and Adam Holland of Chilling Effects) in filing an amicus brief in Jones v. [read post]
19 Nov 2013, 5:33 am
” And at the Pacific Legal Foundation’s Liberty Blog, Jonathan Wood discusses yesterday’s denial of review in Martin v. [read post]
16 Nov 2013, 2:37 pm
The woman's feelings matter in this moral struggle, but I don't see why the "personal dignity and autonomy" at the "heart of liberty" includes an entitlement to feel good about it. [read post]
11 Nov 2013, 9:23 pm
In the words of American Civil Liberties Union of Illinois v. [read post]
