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5 Jan 2018, 11:25 am by Tammy Binford
States that legalized marijuana and enacted regulations regarding its use were less of a threat, according to Cole. [read post]
4 Jan 2018, 8:48 am by Robichaud
The threat posed by the latter is unique because “when equipped with sophisticated surveillance technologies, the state may be tempted to embark on forward-looking, ‘fishing expedition[s] in the hope of uncovering evidence of crime. [read post]
4 Jan 2018, 8:17 am by Jonathan H. Adler
Such concerns are likely overstated, as Alabama argued in its powerful Gonzales v. [read post]
19 Dec 2017, 3:08 pm by Marty Lederman
., married-student housing at a religious college) would better be viewed not as implicating compelled speech, but instead, as David Cole suggested at argument, as raising the question whether the Court would, or might, craft additional exceptions to the general free exercise doctrine of Employment Division v. [read post]
11 Dec 2017, 9:01 pm by Michael C. Dorf
Last week the Supreme Court heard oral argument in Masterpiece Cakeshop v. [read post]
29 Nov 2017, 6:58 am by Yishai Schwartz
Following the events of Nov. 13 summarized in the last post in this series, the military commission in United States v. al-Nashiri reconvened on Tuesday, Nov. 14 to continue testimony and the “preadmission” of evidence relating to physical evidence from the site of the attack on the USS Cole, identified as Appellate Exhibit 207. [read post]
28 Nov 2017, 10:00 am by Yishai Schwartz
When last we left Lawfare readers, the prosecution in the United States v. al-Nashiri military commission had begun “preadmission” of evidence despite the ongoing refusal of defense counsel to participate. [read post]
16 Nov 2017, 10:10 am by Vanessa Sauter
Sarah Grant provided an update on the United States v. al-Nashiri proceedings. [read post]
15 Nov 2017, 4:00 am by Sarah Grant
Pretrial activities in United States v. al-Nashiri shifted focus Nov. 8 and 10, as the prosecution began presenting witnesses and physical evidence from the USS Cole for preadmission by presiding judge Col. [read post]