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4 Nov 2023, 7:07 am
For the moment, the vision is one of constant and granular application of  fairness balancing between traditional conceptions of male-female categorization n sport and other social relations (eg marriage, military service, clothing rules, etc.) and emerging re-imagining of sex and gender in social relations and in the constitution of the individual. [read post]
23 Oct 2023, 5:38 am by Neil Siegel
 Justice Clarence Thomas presumably knew what he would be getting by assigning the majority opinion to Justice Alito.As Chief Justice John Roberts explained in his concurrence in the judgment, there were other ways for Mississippi to have won this case. [read post]
17 Oct 2023, 5:14 pm by Cory Carlson
For instance, Robert is killed on the job, his family sues, and a jury awards $1 million in total. [read post]
13 Oct 2023, 2:21 am by Jack Sharman
For individuals, their biggest concerns are the prospect of prison, loss of career, and, as applicable, the dissolution of their marriage. [read post]
9 Oct 2023, 12:09 pm by Rob Bohn
Non-economic, or general, damages include: Pain and suffering—The physical and emotional pain you have or will endure Loss of enjoyment of life—The loss of present and future enjoyment of everyday activities, plus daily exercise, hobbies, recreational opportunities, and the company of friends Loss of consortium—A loss of ability to give or receive affection or the benefits of a family, usually a marriage relationship Even though these damages are not specifically… [read post]
28 Sep 2023, 9:02 pm by Josephine A. Phillips
Light, a professor at New York University’s Robert F. [read post]
12 Aug 2023, 11:41 pm by Frank Cranmer
Islam Uddin, Oxford Journal of Law and Religion: Muslim Women, Nikah Marriages, Domestic Abuse and Religious Arbitration in England. [read post]
31 Jul 2023, 4:47 pm by INFORRM
Gorsuch J for the Court (Roberts CJ, and Thomas, Alito, Kavanaugh and Barrett JJ concurring) held that the First Amendment prohibits Colorado from forcing the appellant, a designer who intended to produce customized and tailored wedding websites, to create expressive designs conveying messages with which she disagrees, such as for for same-sex marriage. [read post]
18 Jul 2023, 6:12 am by David Post
Incidentally, those of you who disagree with my contention that the Court is in the process of completely dismantling the standing requirement in federal courts should take a look at the colloquy between Justices Roberts and Kagan in the student loan case, Biden v. [read post]
17 Jul 2023, 4:15 am by Jonathan H. Adler
And what about decisions that overturned precedents concerning the rights of criminal defendants to confront their accusers, or the authority of states to tax out-of-state businesses, or the application of the 14th Amendment's liberty and equality guarantees to homosexual conduct and gay marriage? [read post]
14 Jul 2023, 7:33 am by SCOTUSblog
Here’s the Friday morning read: Texas judge who doesn’t want to perform gay marriage ceremonies hopes web designer’s Supreme Court case helps her fight (Rebecca Schneid, The Texas Tribune) 303 Creative: What happens when an arguably narrow SCOTUS decision meets 2023 (Chris Geidner, Law Dork) Kavanaugh: No warring camps at Supreme Court (Josh Gerstein, Politico) Supreme Court Leaves Work for Lower Courts on Trademark Law Reach (Robert Hunziker Jr. [read post]
10 Jul 2023, 4:00 am by Howard Friedman
Feldman, White Christian Nationalism Enters the Political Mainstream: Implications for the Roberts Court and Religious Freedom, 53 Seton Hall Law Review 667-742 (2023). [read post]
8 Jul 2023, 8:32 am by David Post
Reasonable observers can understand that the Company might express negative views about such marriages while complying with its legal obligation to serve such customers. [read post]
4 Jul 2023, 9:01 pm by Michael C. Dorf
Because designing a website involves “expression,” she said, the application of the law to her would amount to forcing her to express a message—approval of same-sex marriage—with which she disagrees.Did Smith really have concrete plans to start a wedding website design business? [read post]