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19 Oct 2023, 6:07 am
As we explain in a new Brennan Center report, these systems and the data that powers them operate behind a veil of secrecy, with little meaningful documentation about how they work, and are too often deployed in discriminatory ways that violate Americans’ constitutional rights and civil liberties. [read post]
16 Oct 2023, 6:30 am
Klare In a prior book, Brennan and Democracy (1999), I had written of the impossibility of quarantining judicial choice in hard constitutional cases against infection by ordinary politics—thus aligning myself (you might say) with a legal realist/Crit rejection of the fantasy of a special “legal” method that could pull off such a trick. [read post]
13 Oct 2023, 2:10 pm
Melinda Brennan stated, “All young people deserve to feel supported, valued and cared for, but the assembly representatives who voted in favor of these bills today sent a message to trans youth that they are the exception. [read post]
11 Oct 2023, 6:30 am
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Karl KlareI am grateful for this opportunity to honor Frank and to publicly acknowledge my debt to him for his mentorship; his enthusiastic participation in several of my initiatives; and for the cherished friendship with him and Ellen. [read post]
10 Oct 2023, 7:08 am
Some more from Justice Brennan in Garrison v. [read post]
10 Oct 2023, 6:30 am
” Already back in 1999, in Brennan and Democracy, Frank wrote that “the maximum feasible effort to get the basic laws and their major interpretations right would have to include arrangements for exposing the empowered basic-law interpreters to the full blast of sundry opinions and interest-articulations in society, including on a fair basis everyone’s opinions and articulations, including your own. [read post]
9 Oct 2023, 6:30 am
Frank answers to this critique by emphasizing that he has made it adequately clear in earlier writings, notably in Brennan and Democracy (1999), that he entertains no such formalist understanding of constitutional adjudication, as Karl also notes well. [read post]
7 Oct 2023, 4:51 pm
Join the Brennan Center for Justice online to hear historians discuss the Supreme Court’s originalist turn. [read post]
5 Oct 2023, 7:29 am
New analysis from the Brennan Center and and Georgetown’s Center for Security and Emerging Technology. [read post]
2 Oct 2023, 3:42 am
This failure by plaintiff to adequately allege negligence on the part of defendant attorneys requires dismissal of this legal malpractice action (see Lloyd’s Syndicate 2987 v Furman Kornfeld & Brennan, LLP, 182 AD3d 487, 488 [1st Dept 2020]). [read post]
28 Sep 2023, 2:41 pm
Along with over a dozen organizations, including ACLU, Center for Democracy in Technology, Demand Progress, Freedom of the Press Foundation, Project on Government Oversight, Brennan Center, EFF lent its voice to the request that the following reforms be the bare minimum for precondition for any re-authorization of Section 702: Requiring the government to obtain a warrant before searching the content of Americans’ communications collected under intelligence authorities; … [read post]
25 Sep 2023, 9:00 pm
When William Brennan and Antonin Scalia would offer the same basic answer to a question about judicial meta-philosophy the question is nigh useless. [read post]
25 Sep 2023, 5:00 am
Judge Rules Burlington Destroyed Relevant Evidence in Slip-and-Fall Suit, But Holds Off on Sanctions,” By: Riley Brennan of the Pennsylvania Law Weekly (Sept. 8, 2023). [read post]
22 Sep 2023, 9:22 am
And, mindful of Justice Brennan’s and Justice Marshall’s long refusal to give in to death penalty precedents, I was unwilling to say that ignoring the Court’s earlier decisions was inevitably bad. [read post]
21 Sep 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.Source: Article - “Court Rejects Sam’s Club’s Motion to Nix Slip-and-Fall Case, Citing Questions of Whether Danger was ‘Known and Obvious,” By Riley Brennan of the Pennsylvania Law Weekly (Aug. 21, 2023). [read post]
20 Sep 2023, 4:00 pm
Former Director of National Intelligence James Clapper, former CIA Director John Brennan, and former CIA Operations Officer Paul Kolbe are back. [read post]
18 Sep 2023, 9:01 pm
Interestingly, Justice Brennan had seen that as a way of opening, not closing, courts to litigants. [read post]
18 Sep 2023, 7:52 pm
“The Brennan Center for Justice at NYU Law launched State Court Report, a nonpartisan website devoted to state constitutions and courts. [read post]
18 Sep 2023, 7:40 am
New report from the Brennan Center and Giffords Law Center [corrected]: “To ensure that elections remain peaceful, states must ban guns at places where votes are cast and counted and enact stronger anti-intimidation laws. [read post]
18 Sep 2023, 5:00 am
” By: Riley Brennan. [read post]
