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3 days ago |
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Thoughts on the Ninth Circuit's Same-Sex Marriage Decision - — 1. This is going up to the Supreme Court. I suspect that the backers of Prop. 8 won't even ask for en banc review by the Ninth Circuit, since they're unlikely to win there. Depending on how quickly they file their petition for certiorari … |
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3 days ago |
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Government Employer Free to Fire Human Resources Officials Who Publicly Criticize the Propriety of Gay Rights Laws - — So holds Dixon v. University of Toledo (N.D. Ohio Feb, 6, 2012). (I blogged about this case when it was filed.) A few thoughts: — (1) Some of the analysis seems limited … |
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17 days ago |
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Encryption and the Fifth Amendment Right Against Self-Incrimination - — I blogged a lot about this topic a few years ago when the Boucher case was pending; although an appeal was filed in that case in the First Circuit, the appeal was dropped so the appellate court never decided it. |
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22 days ago |
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How Should the Supreme Court Rule on the Individual Mandate? - — Commenter Brandon, a frequent critic of my posts on the individual mandate, offers the following question tonight in a comment thread: … I wasn't planning to blog on this. But because Brandon asks so nicely, I thought I would respond. |
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30 days ago |
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Volokh Conspiracy Scoops Drudge, The Atlantic, and Reuters by ... Two Years - — Matt Drudge and The Atlantic are hyperventilating, and Mark Hosenball of Reuters is bragging, about what The Atlantic calls an “exclusive” report that DHS “routinely monitors dozens of popular websites … |
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38 days ago |
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Recess Appointment of Richard Cordray Despite Pro Forma Sessions - — It is being reported that President Obama intends to recess appoint Richard Cordray to be the first Director of the Consumer Financial Protection Bureau despite the fact that the Senate has been conducting pro forma sessions … |
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33 days ago |
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The 20th Anniversary of the End of the Soviet Union - — In addition to being the last day of the year, today is also the twentieth anniversary of the official end of the Soviet Union, when the last Soviet government institutions shut down. The dissolution of the USSR was officially announced on December 25 … |
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34 days ago |
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Fourth Circuit Overturns Conviction Because Officer Used A Knife to Remove the Crack Tied Around ... - A Knife to Remove the Crack Tied Around An Arrestee's Private Parts — Kevin Walsh flags a very unusual Fourth Amendment case out of the Fourth Circuit that reaches a rather surprising holding: The police violate the Fourth Amendment … |
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51 days ago |
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Proposed Constitutional Amendment Would Strip Pro-Business But Not Anti-Business Non-Profits of First Amendment Rights Eugene Volokh/The Volokh Conspiracy - — I blogged about the Sen. Sanders / Reps. Deutch, DeFazio, Hastings, McDermott proposed constitutional amendment last week, but an e-mail from a reader led me to one other problem with the amendment. |
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63 days ago |
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Defense bill will allow President to indefinitely detain American citizens - — H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012, has already passed the House, and is currently before the Senate. One section of the bill gives the President the authority … |
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