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25 Jan 2023, 2:44 pm by Steve Bainbridge
” In doing so, Allen misinterpreted binding Delaware Supreme Court precedent and ignored the important policy justifications underlying that precedent. [read post]
25 Jan 2023, 8:00 am by Mark Graber
  The Supreme Court in The Civil Rights Cases (1883) held that racial prejudice was not a badge or incident of slavery [read post]
20 Jan 2023, 5:16 am by Saraphin Dhanani
” The “Flatow Amendment ';' established a cause of action against the agencies and instrumentalities of states whose sovereign immunity had been abrogated under AEDPA. [read post]
18 Jan 2023, 5:00 am by Michael C. Dorf
Nonetheless, the Constitution is short; governing a modern country with a population of a third of a billion people is complex; and as Tocqueville observed long ago, “[s]carcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
The Court had held in 1909 that people who were employed by or received pensions from the United States couldn’t serve as jurors in federal criminal cases. [read post]
13 Jan 2023, 12:18 pm by Suraj Vyas
Here you are thinking you’re helping because a physical ticket mailed out to people could be lost, burned, copied, etc. [read post]
9 Jan 2023, 1:02 pm by Alison Siegler
As one federal judge told us, "nobody's … looking at what's happening [in these pretrial hearings], where the Constitution is playing out day to day for people. [read post]
6 Jan 2023, 5:01 am by Eugene Volokh
In applying the Pickering test, courts seek to balance the employee's free speech rights with the employer's interest in workplace efficiency. [read post]
3 Jan 2023, 8:30 am
Political and legal communities must first see something in a particular way before they can apply their mechanics of meaning making, as well as their ordinary hermeneutics, to ';solve' an problem that had remained invisible in plain sight. [read post]
1 Jan 2023, 4:05 am by Howard Friedman
The Supreme Court instructs that "a component" of a church's "autonomy is the selection of the individuals who play certain key roles. [read post]
30 Dec 2022, 4:31 pm by Eugene Volokh
Under its plain text, it restricts concealed carry in "any place of worship or religious observation. [read post]
23 Dec 2022, 5:09 am by Scott Bomboy
Finally, court observers also point to cases in Texas and Florida about social media as likely candidates to be accepted by the court. [read post]
22 Dec 2022, 3:10 pm by Eugene Volokh
The district court could have allowed three or four people in addition to Brimmer's mother and still have left over half of those seats empty.} [read post]
21 Dec 2022, 5:01 am by Eugene Volokh
And we know that "[w]hether or not the Supreme Court continues to adhere to Employment Division v. [read post]