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3 May 2008, 9:28 am
I will say I firmly believed it was private because it was in my home, and the court may buy that.But even if the court accepts that I believed the plant was private, it will hold that the officer's observing the plant was not a "search" under the 4th Amendment because society does not regard my belief as objectively reasonable. [read post]
6 Jan 2023, 5:01 am
In applying the Pickering test, courts seek to balance the employee's free speech rights with the employer's interest in workplace efficiency. [read post]
29 Jul 2008, 6:02 am
I think not, as he uses his point to question the Supreme Court's Scott v. [read post]
28 Mar 2022, 3:26 pm
The Supreme Court held as much in its very first copyright case, and recently reaffirmed it: if “every citizen is presumed to know the law,” the Court observed, “it needs no argument to show . . . that all should have free access to its contents. [read post]
26 Mar 2024, 1:31 pm
She did not observe or hear of any injuries to persons or damages to property. [read post]
23 Dec 2009, 9:28 am
The chapters of Dupre's book take the reader on a guided tour of the Court's student speech jurisprudence. [read post]
14 Jul 2024, 6:30 am
Supreme Court struck down anti-miscegenation laws in Loving v. [read post]
27 Jul 2022, 4:37 pm
" After reviewing Supreme Court libel precedent, the Court first noted that the word "scam" does not have a precise meaning but means different things to different people. [read post]
3 Feb 2012, 1:52 am
It states: “Article 7. (1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution(2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. [read post]
6 Jun 2023, 7:18 pm
" And the Court observed in Bruen: "Nor does any party dispute that handguns are weapons 'in common use' today for self-defense. [read post]
16 Mar 2022, 7:33 am
But the court's concern about tracking people inside homes (in this case or others) is in direct contradiction to the court's conclusion that the current location-tracking technology is very noisy, and may draw in individuals who are actually a football field away from the location of the crime. [read post]
30 Mar 2011, 7:56 am
And an examination of the harasser’s status would seem to fit naturally within the Supreme Court’s requirement that harassment must be “sufficiently severe or pervasive ‘to alter the conditions of [the victim's] employment and create an abusive working environment’” in order to be actionable. [read post]
21 Apr 2017, 6:00 am
Michael KlarmanFor the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution. [read post]
27 Aug 2006, 8:18 pm
The Supreme Court's opinion offered three words that were very important. [read post]
Part III of The Constitutional Crisis in ECUSA: "If You Want Our Voice, Then We're Giving It to You"
16 Oct 2010, 12:52 am
Many people observing the events in South Carolina have drawn a parallel to the shelling of Fort Sumter which started the Civil War, but I believe that to be an inappropriate analogy. [read post]
24 May 2009, 6:47 pm
The Court also analogized the hate crimes statute to federal employment discrimination laws, which had already survived a First Amendment challenge.The Court's second observation is worthy of elaboration. [read post]
4 Feb 2010, 9:08 am
" But what's important isn't what I think; what really matters is what Justice Ginsburg, joined by six other members of the Supreme Court, said in footnote 18 of Eldred v. [read post]
6 Aug 2022, 7:25 am
And it's both wrong and illegal.] [read post]
10 Mar 2011, 10:00 am
Here’s where we stood just two decades ago, when the case of accused murderer Rolando Cruz came before the Illinois Supreme Court. [read post]
2 Mar 2018, 7:18 am
Supreme Court in Peña-Rodriguez v. [read post]