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15 Oct 2023, 6:30 am by Guest Blogger
Nearly a decade later, in Hill v Church of Scientology, the Court clarified that this residual relevance obliges courts to engage in principled balancing, weighing Charter values against “the principles which underlie the common law,” and using those values as “guidelines for any modification to the common law which the court feels is necessary” (Hill, para 97). [read post]
9 Oct 2023, 4:00 am by Howard Friedman
Jackson Women's Health Organization: Reckoning with its Impact and Charting a Path Forward, (University of Pennsylvania Journal of Constitutional Law, Vol. 25, No. 5, 2023).From SmartCILP and elsewhere:Berta Esperanza Hernandez-Truyol, Awakening the Law: Unmasking Free Exercise Exceptionalism, 72 Emory Law Journal 1061-1104 (2023).Karin Carmit Yefet & Ido Shahar, Divorced from Citizenship: Palestinian-Christian Women between the Church and the Jewish… [read post]
7 Oct 2023, 11:58 pm by Frank Cranmer
The petitioners were seeking to remedy the shortcomings of the church’s existing underfloor heating system installed in April 2010 under the guidance of the church’s then inspecting surveyor, with the support of the DAC’s heating adviser: “it struggles to raise the temperature of the church. [read post]
6 Oct 2023, 11:54 am by David Kopel
[Amicus brief in Supreme Court's Second Amendment Rahimi case] This week amicus briefs were filed in United States v. [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
" The court also rejected Plaintiff's argument that DOE's "Position Statement" was unsigned and undated hearsay, noting "Generally, administrative proceedings need not conform to all of the ... evidentiary rules adhered to in judicial tribunals", citing Matter of Church of Scientology of N.Y. v Tax Commn. of City of N.Y., 120 AD2 376, nor need an agency "state with specificity its detailed analysis," or "point to any… [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
" The court also rejected Plaintiff's argument that DOE's "Position Statement" was unsigned and undated hearsay, noting "Generally, administrative proceedings need not conform to all of the ... evidentiary rules adhered to in judicial tribunals", citing Matter of Church of Scientology of N.Y. v Tax Commn. of City of N.Y., 120 AD2 376, nor need an agency "state with specificity its detailed analysis," or "point to any… [read post]
4 Oct 2023, 3:02 pm by NARF
USA (Bristol Bay Pebble Mine; Clean Water Act; state sovereignty) Four petitions for certiorari were denied on 10/2/2023: Bird Industries, Inc. v. [read post]
29 Sep 2023, 4:00 am by Jim Sedor
Yahoo News – Ken Dilanian and Frank Thorp V (NBC News) | Published: 9/27/2023 U.S. [read post]
29 Sep 2023, 4:00 am by Michael C. Dorf
Today is the Symposium in Honor of Professor Sherry Colb, hosted by Rutgers School of Law in Newark and co-sponsored by the Cornell Law Review. [read post]
23 Sep 2023, 8:20 am by Frank Cranmer
The debate had an international rather than a domestic focus and was replied to by the Minister of State at the Foreign, Commonwealth and Development Office, Anne-Marie Trevelyan. [read post]