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21 Mar 2018, 9:01 pm
Indeed, as a general matter, at-large election schemes (which political scientists argue have some advantages over other methods) are not unconstitutional except insofar as they are used to invidiously deny racial minorities a fair chance of winning elections. [read post]
9 Apr 2015, 9:01 pm
For example, a law that says “no pro-life rallies in the park after 6pm” is clearly unconstitutional, because it regulates speech on a matter of public concern in a traditional public forum in a viewpoint-based way. [read post]
16 Oct 2010, 7:39 am
VANESSA MARIA CALDERIN, Appellee. 3rd District.Dissolution of marriage -- Arbitration -- Parties were not entitled to arbitrate post-judgment dispute regarding financial matters -- Arbitration provision in parties' assets agreement regarding financial issues was not enforceableFAUSTINO MARTINEZ, Appellant, vs. [read post]
17 Jan 2013, 9:01 pm
The grocery store’s reply was that the Moscone Act, because it singles out labor picketing in particular for special protection, discriminates among speech activities on the basis of the “content” or subject-matter of the speech, and therefore is invalid under the First Amendment. [read post]
1 Jul 2019, 9:01 pm
It is not inherently problematic (constitutionally or legally speaking) for a President to take a firm, even dominant, hand in overseeing, limiting, or, for that matter, terminating federal criminal investigations; if President Trump had terminated any DOJ investigation of Hillary Clinton that was still ongoing when he took office in the name of national healing, no one would think that improper. [read post]
23 Apr 2024, 5:18 am
” Jennifer McKiernan and Ben Wright report for BBC News. [read post]
11 Jan 2023, 11:33 am
Wright, 468 U.S. 737, 750 (1984). [read post]
3 May 2018, 9:01 pm
Certainly when government speaks out against smoking in public service ad campaigns, I don’t sense that many people think the government is acting/speaking inappropriately (even though the risks/benefits of smoking and the behavior of the tobacco industry are certainly matters for public debate). [read post]
7 Mar 2024, 4:29 am
National Security Council spokesperson John Kirby said that while the United States was disappointed an agreement had not been reached, mediators were still confident in the parameters of the deal they had helped negotiate, saying, “It is just a matter of getting Hamas to sign on. [read post]
25 Apr 2013, 9:01 pm
(It is on this crucial question of assent to agency where, as I explain in longer academic writings, I part company with thoughtful commentators, like Ed Whelan, who have argued that as long as the California Supreme Court today thinks that under the California constitution the sponsors are the People’s representatives, it does not matter whether voters, when they enacted Proposition 8 in 2008, could have anticipated this principle of California law, which was not made clear… [read post]
26 Feb 2015, 9:01 pm
The relative quality (compared to other schools) of a school’s student body—as judged by median LSAT scores, college GPAs, and the school’s acceptance rate—also has tended, as an historical matter, not to change tremendously in a single year (but rather evolves much more gradually), but this factor has itself become a bit more volatile in recent years as the national decline in application volume has hit some schools harder than others. [read post]
19 Apr 2017, 1:30 pm
Wright, 777 F.3d 769, 777 (5th Cir. 2015) (same). [read post]
15 Feb 2011, 5:12 am
If not the Wright Brothers, it wouldn’t have been that long before we got airplanes. [read post]
6 Oct 2016, 9:01 pm
As a non-trivial aside, I should say I’m not sure why it should matter so much. [read post]
18 Dec 2006, 6:57 am
Commodity ex-changes have their virtues, as Clinton knows better than most, but affective bonds of the kind that matter to children are not among them.Moreover, her world of institutions applied to children is not one of villagers confronting each other head-on about their gripes and irritations and disagreements, but instead an authoritarian world of strangers placing anonymous calls on toll-free hotlines to report alleged abuses of children to impersonal state authorities, who only by… [read post]
2 Mar 2023, 4:20 am
Tessa Wong & George Wright report for the BBC. [read post]
14 Mar 2012, 7:16 am
The DOJ’s recent press release on the Google/Motorola, Rockstar Bidco, and Apple/ Novell transactions struck me as a bit odd when I read it. [read post]
23 Apr 2015, 9:01 pm
., litigation in which neither party is a government entity] if the statute is silent on the matter. [read post]
21 May 2015, 9:01 pm
Minnesota argued that it needed to regulate candidate speech to ensure that the public believes that judges are sufficiently open-minded about important matters that might come before them, an interest very similar to Florida’s goal of “preserving public confidence in judicial integrity. [read post]
7 Mar 2019, 9:01 pm
But it is quite possible a court will rule that HLR is sufficiently connected to the university for purposes of triggering Title VI and Title IX while also finding that its admissions and article selection practices are distinct from the activities of educational professionals upheld in Grutter and Fisher.The Fate of University Affirmative Action More GenerallyThus far we have been asking how lower courts, applying existing precedent, might view the HLR matter. [read post]