By Marcia Coyle | June 30, 2020
"As I see the matter, our differences run deeper than a simple disagreement about the application of prior case law," Justice Stephen Breyer said in his dissent in the case Espinoza v. Montana Department of Revenue.
The Legal Intelligencer | News
By Max Mitchell | June 30, 2020
Eyeing school discipline over social media posts, and when they run afoul of constitutional free-speech protections, a three-judge panel of the U.S. Court of Appeals for the Third Circuit granted summary judgment Tuesday in favor of the student who challenged the school's decision.
By Jane Wester | June 30, 2020
A Dutchess County Supreme Court justice on Tuesday granted a temporary restraining order blocking President Donald Trump's niece Mary Trump and her publisher Simon & Schuster from publishing, printing or distributing any portion of her upcoming book about the president.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | June 30, 2020
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the Sineneng-Smith case, where the U.S. Supreme Court rebuked the Ninth Circuit for unilaterally injecting an entirely new substantive issue into a case that had already been briefed, argued and submitted for decision.
Texas Lawyer | Analysis|Commentary|Expert Opinion
By Devon Sharp | June 30, 2020
Employers that have not previously maintained policies prohibiting discrimination or harassment on the basis of sexual orientation or gender identity should update their policies and training materials.
Texas Lawyer | Analysis|Commentary
By Michael P. Maslanka | June 29, 2020
One pressing question: should qualified immunity as a defense to a constitutional violation be eliminated or reformed?
By Marcia Coyle | June 29, 2020
Among progressives, there was a sense that Chief Justice John Roberts Jr., although providing the key vote to strike down a restrictive state abortion clinic law, had left open a broader challenge to reproductive rights.
By Marcia Coyle | June 29, 2020
Justices Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor agreed with Chief Justice John Roberts Jr. on the severability question but disagreed that the single-director structure was unconstitutional.
By Marcia Coyle | June 29, 2020
"The result in this case is controlled by our decision four years ago invalidating a nearly identical Texas law," wrote Chief Justice John Roberts Jr. in his concurrence in the judgment.
By Jane Wester | June 28, 2020
Attorney Charles Harder wrote that while Mary Trump's book, "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man," is set for publication July 28, publishing lead times mean that bookstores and reviewers could receive copies "any day now."
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