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18 May 2014, 11:03 am
See Starr v. [read post]
6 May 2014, 4:04 am
But when a tradition facially conflicts with a basic tenet of the Constitution, the fact that it’s a tradition does not provide a rationale for ignoring unconstitutionality. [read post]
19 Apr 2014, 7:31 pm
In Kirby v. [read post]
14 Apr 2014, 12:27 pm
Stat. 456.059) is permissive and like the Baker Act, it does not create an affirmative duty. [read post]
24 Mar 2014, 2:45 pm
After all, as the Court noted in Employment Division v. [read post]
24 Feb 2014, 2:03 pm
This essay is adapted from his foreword to Eugene Volokh, Sebelius v. [read post]
23 Feb 2014, 1:36 pm
In University of Notre Dame v. [read post]
17 Feb 2014, 9:01 pm
DOMA and United States v. [read post]
28 Jan 2014, 3:36 pm
” As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
21 Jan 2014, 9:50 am
The evidence does not need to be direct evidence. [read post]
21 Jan 2014, 9:50 am
The evidence does not need to be direct evidence. [read post]
8 Jan 2014, 2:34 pm
Schs. v. [read post]
27 Dec 2013, 12:41 pm
And in People Express Airlines v. [read post]
29 Nov 2013, 10:03 pm
(Indeed, you are required by law to get it—or perhaps not exactly required, see NFIB v. [read post]
26 Nov 2013, 9:20 am
The Court granted review of a government case (Sebelius v. [read post]
2 Nov 2013, 9:03 pm
Arguing for the local government in Town of Greece v. [read post]
1 Nov 2013, 9:04 pm
It relied very heavily upon the 1920 precedent in Missouri v. [read post]
30 Oct 2013, 5:28 pm
I probably enjoy reading a ruling on a motion to compel a whole lot more than the judge does in writing it. [read post]
29 Oct 2013, 5:44 am
This is the text of a Keynote address given by Sir James Munby, President of the Family Division at the Law Society’s Family Law Annual Conference ‘The sacred and the secular: religion, culture and the family courts’ on London 29 October 2013 (H/t to Adam Wagner) Only a little over a century ago, in 1905, a judge in a family case could confidently opine that the function of the judges was “to promote virtue and morality and to discourage… [read post]
26 Sep 2013, 4:00 am
(S.) v. [read post]
