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27 Jul 2014, 9:03 am by Schachtman
  The jury’s hidden reasoning process on important scientific issues violates basic tenets of transparency and due process. [read post]
29 May 2014, 10:36 am by Simon Chester
An earlier criminal excursion into the same dispute is at R. v. de Vos; R. v. [read post]
6 May 2014, 4:04 am by SHG
  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]
14 Apr 2014, 12:27 pm by Donald Ward
Stat. 456.059) is permissive and like the Baker Act, it does not create an affirmative duty. [read post]
24 Feb 2014, 2:03 pm by Ilya Shapiro
This essay is adapted from his foreword to Eugene Volokh, Sebelius v. [read post]
11 Feb 2014, 7:38 am by Joy Waltemath
The line is hardly a bright one, and an organization might understandably be concerned that a judge would not understand its religious tenets and sense of mission. [read post]
28 Jan 2014, 3:36 pm by Marty Lederman
”  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]