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31 Mar 2021, 4:20 pm by Sandy Levinson
  And the most prominent public purveyors of patriotism are often "nationalists" committed to dubious notions of Making America Great Again or America First (or simply shouting out "USA, USA" at the Olympics; it is clear that Smith, altogether properly does not want to be associated with the latter, even as he is critical of the former. [read post]
21 Mar 2021, 9:01 pm by Marci A. Hamilton
Smith, which is the decision that religious actors seized upon to secure a right to be above the law. [read post]
Many readers will recall Marcus Smith J’s decision to refuse a PI (reported here and, after it was upheld by the Court of Appeal, here). [read post]
24 Nov 2020, 9:00 pm by Marci A. Hamilton
As Justice Antonin Scalia wrote for the majority in Smith, the First Amendment has never been a license to be a law unto oneself. [read post]
17 Nov 2020, 11:23 am by rainey Reitman
Obama, EFF Explains Why Metadata Matters and the Third-Party Doctrine Doesn’t (EFF) NSA Spying (EFF’s landing page re NSA spying and their use of metadata) EFF cases in relation to NSA spying and metadata in order of file date: Hepting v AT&T Jewel v NSA First Unitarian v NSA Smith v Obama Win! [read post]
4 Nov 2020, 9:00 pm by Leslie C. Griffin
Diaz, Ambassador to the Holy See, Retired; CHILD USA; Dignity USA; New Ways Ministry; the Women’s Alliance for Theology, Ethics and Ritual; and the Women’s Ordination Conference. [read post]
30 Oct 2020, 1:39 pm by Lawrence B. Ebert
SEB S.A., 563 U.S. 754, 765–66 (2011); see Commil USA, LLC v. [read post]
5 Oct 2020, 10:25 am by Dennis Crouch
Puzhen Life USA, LLC, No. 20-228; Customedia Technologies, LLC v. [read post]
14 Sep 2020, 9:49 am by Rachael Hanna
The government argued, and the district court found, that the third-party doctrine of Smith v. [read post]
15 Aug 2020, 4:57 am by SHG
Note: This is a guest post by Guy Hamilton-Smith. [read post]
27 Jul 2020, 4:00 am by Howard Friedman
Esbeck, The Free Exercise Clause, Its Original Public Meaning, and the Reconsideration of Employment Division of Oregon v. [read post]