Archive | 2010

Claim that Concealed Carry Permit Was Unconstitutionally Denied Based on Defendant’s Political Activity

Dorr v. Weber (N.D. Iowa May 18, 2010) allows the claim to proceed, under the Equal Protection Clause and the First Amendment. Of course, that’s not a finding that the permit was indeed denied because of Paul Dorr’s “community activism activities and association with the Osceola County Taxpayer Association,” as opposed to (according to the […]

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Short Essay on Snyder v. Phelps, Part II: Proximity to a Funeral, and Time, Place, or Manner Restrictions

For more about the essay (for an online symposium), see here; to read the full 9 pages, see here. This week, I’m posting (and combining using the Snyder v. Phelps tag) more passages: Yesterday, I blogged about Hustler v. Falwell and why it applies here; later this week, I’ll also blog on the Snyders’ religious […]

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Broadcasting from Cybersecurity’s Ground Zero

My law firm opened an office in Beijing a couple of weeks ago, and I went to the ceremonies, met with clients, and, most entertainingly, I spent half an hour being interviewed about cybersecurity on China’s English-language TV program, Dialogue.  It was a bit weird.  The pert interviewer managed to deftly combine the style of a  Katie […]

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Unconstitutional Prior Restraint in Wyoming?

[UPDATE: The judge dissolved the order today.] From the AP: In a rare move, a Wyoming judge has blocked two newspapers from publishing stories on an internal report about a college president’s trip to Costa Rica, saying the report was improperly taken and that releasing details could prompt the federal government to cut college grant […]

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Clandestine Military Operations

The New York Times, in a story by national security correspondent Mark Mazzetti today (Tuesday, May 25, 2010), reveals the contents of a September 2009 secret directive signed by General Petraeus ordering “broad expansion of clandestine military activity in an effort to disrupt militant groups or counter threats in Iran, Saudi Arabia, Somalia and other […]

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Sex Education, Dirty Words, and the Due Process Clause

From Kramer v. New York City Bd. of Ed., 2010 WL 2010462 (E.D.N.Y. May 20) (Weinstein, J.): To a senior judge, father, and grandfather, educated in the New York City public schools, there appears to be no more daunting undertaking than discussing sex and HIV/AIDS with a class of female and male thirteen- and fourteen-year-old […]

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DADT Repeal Soon?

A deal is in the works to add a repeal of Don’t Ask, Don’t Tell to this year’s Defense Authorization bill, the method by which it was originally made law. It’s not clear that the votes are there in the House to do it, and if they aren’t there this year they’re unlikely to be there […]

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Another Item on the SEIU Protest

The Washington Examiner had reported that the SEIU protesters who picketed a Bank of America executive’s home — and possibly trespassed, or violated a Montgomery County residential picketing ban — were escorted by D.C. police, even though the picketing was outside D.C. I hadn’t noted that in my posts, but it came up in the […]

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Public Opinion, Anti-Discrimination Law, and the Civil Rights Act of 1964

One of the most common rationales for anti-discrimination law is that it is needed to protect unpopular minority groups against exclusion from jobs and other opportunities. This conventional wisdom has a significant weakness: If the group in question really is unpopular with the majority, a democratic government is highly unlikely to enact antidiscrimination laws protecting […]

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