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19 Jan 2024, 8:53 am by Eugene Volokh
"[W]hen a federal court has jurisdiction, it also has a virtually unflagging obligation to exercise" its authority to resolve the legal questions put to it. [read post]
21 Sep 2022, 5:01 am by Eugene Volokh
Frederick Schauer and Richard Pildes call this idea "electoral exceptionalism," which posits that "elections should be constitutionally understood as (relatively) bounded domains of communicative activity" where "it would be possible to prescribe or apply First Amendment principles to electoral processes that do not necessarily apply through the full reach of the First Amendment. [read post]
4 Jun 2022, 5:25 pm by Chuck Cosson
  For example, if rules specify access to a given database requires conditions A, B & C, then all the threat actor has to do is determine a way to create (or spoof) those conditions. [read post]
21 Apr 2022, 3:50 pm by Eugene Volokh
It held that "courts must be more skeptical of a school's efforts to regulate off-campus speech" and that "[w]hen it comes to political or religious speech that occurs outside school or a school program or activity, the school will have a heavy burden to justify intervention. [read post]
28 Feb 2020, 4:03 am by Edith Roberts
” Briefly: Richard Wolf reports at USA Today that “President Donald Trump’s three-year crackdown on immigration has led to a surge in lawsuits reaching the Supreme Court, where a rebuilt conservative majority increasingly is paying dividends for him. [read post]
15 Oct 2018, 4:55 pm by Sarah Grant
See RC 4.2.a(3), 4.2.b, 4.2.c, 4.4.b. [read post]
22 Jun 2018, 11:05 am by Sabrina McCubbin
Roberts highlights the court’s reasoning in Smith, noting that “[w]hen Smith placed a call, he ‘voluntarily conveyed’ the dialed numbers to the phone company by ‘expos[ing] that information to its equipment in the ordinary course of business. [read post]
30 May 2018, 4:04 am by Edith Roberts
” Briefly: For USA Today, Richard Wolf reports that “[c]onservatives are controlling most of the Supreme Court’s closely divided cases so far this term by sticking to the words written by Congress. [read post]
6 Mar 2018, 10:00 am by David Kris
A few years ago, shortly after stepping down as Assistant Attorney General for National Security, I published a long article called Law Enforcement as a Counterterrorism Tool. [read post]
29 Dec 2017, 7:34 am by Ben
The topic had already been subject to nearly 20 references to the CJEU for preliminary rulings, and yes, there would be more from the court in 2017 as the decisions in Filmspeler, C-527/15, and Ziggo, C-601/15 (The Pirate Bay) loomed! [read post]