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22 Apr 2024, 5:01 am by Eugene Volokh
This is undoubtedly why the Supreme Court of Kentucky and the Kentucky General Assembly have never created a civil cause of action to hold a bail surety liable for a criminal defendant's actions. [read post]
20 Apr 2024, 3:57 am by jonathanturley
As the district court found, they began “dancing near him, holding up a flag to keep people from seeing him,” and making “loud noises so he could not be heard. [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
Poe was the Supreme Court's most significant shadow docket decision since the shadow docket became a thing. [read post]
4 Apr 2024, 8:42 am
 Now, in 2024, the Ninth Circuit reverses the convictions because the jury instructions in the 2017 trial were inaccurate, since they didn't anticipate -- or accurately reflect -- the Supreme Court's subsequent narrowing of the statute in 2023. [read post]
2 Apr 2024, 6:23 pm
 China’s Highest Court and “Foreign-Related Rule of Law” A new paper by Susan Finder The main entrance of the Supreme Peoples Court of China in Beijing Photo by RnechesHow does the Chinese political-legal system operate in the Xi Jinping era? [read post]
1 Apr 2024, 12:34 pm by Eugene Volokh
For example, courts can use negative theory as a rule of decision itself: Under this approach, courts apply strict scrutiny to strike down the government's restriction of speech when they see evidence of the government's untrustworthy motive or incompetence—regardless of the regulated expression's lack of affirmative value. [read post]
30 Mar 2024, 9:35 am by Eugene Volokh
Yet such legislation increasingly is under threat by the Supreme Court's growing allegiance to unitary executive theory. [read post]
29 Mar 2024, 3:52 pm by Eugene Volokh
The Supreme Court's decision in HLP grounded itself in these principles. [read post]
29 Mar 2024, 2:02 pm by Ilya Somin
In the aftermath of the Supreme Court's decision last June, the Biden administration announced they were indeed going to try to put together a new loan forgiveness plan using the HEA. [read post]
29 Mar 2024, 5:01 am by Eugene Volokh
" The Court is also mindful of the Supreme Court's similar directive that "the Constitution … must … apply …. [read post]
26 Mar 2024, 6:21 am by Jonathan H. Adler
Were that not enough, AHM's standing hurdle is even greater because, as the case reaches the Supreme Court, AHM's claims have been narrowed. [read post]
25 Mar 2024, 10:47 am by Jim Lindgren
Abridging Cuts Off Evasions The Supreme Court's overemphasis on coercion has invited censorship. [read post]
20 Mar 2024, 6:00 am by Josh Blackman
I had recently severely criticized a decision from the judge's court. [read post]
19 Mar 2024, 2:04 pm by vforberger
Last week, the Wisconsin Supreme Court issued its decision in Catholic Charities v. [read post]
18 Mar 2024, 9:01 pm by Neil H. Buchanan
They were shocked at Trump’s “very fine people” comments about a neo-Nazi mob, but then they put that event down the memory hole. [read post]