It's a federal crime to communicate a true threat of violence in the United States. Such speech is not protected by the First Amendment's guarantee of free expression. But what exactly constitutes a true threat of violence in the age of Twitter, YouTube and Facebook?
At its core, legal reasoning is about trying to find insight, or logic, or common sense by comparing different situations and then striving to identify the most important similarities and differences. Analogies open some doors and close others. They shape and direct the analysis.
Avoid litigation when you can. When you can't -- win. Is it worth it? Or, more importantly, when does it make sense to fight it out in court, and when should you do everything possible to avoid it?
Most individuals understand that email does not disappear when delete is clicked. Email is valuable evidence in many forms of litigation including discrimination lawsuits. Consider a tweet as an email related form of evidence in judicial proceedings and act accordingly.
We must stop being the only democracy that indirectly elects its chief executive. Every voice and vote must matter. After all, isn't that what democracy is all about?
Just as Scalia will never be an unborn widow, he appears unlikely--regardless of any (en)treaties--to assume the role of legal doctrine's most indispensable character: the reasonable person.
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The media has mischaracterized the case, Sebelius v. Hobby Lobby, either as an attack on the Affordable Care Act or as a threat to women's access to contraceptives. The media misses the real point.
On June 4, 2014, Governor Alejandro Garcia Padilla announced the appointment of Maite Oronoz, Puerto Rico's first openly gay Associate Justice appointed to the Supreme Court of Puerto Rico, the island's top court.
The epidemic of police violence continues to escalate while fear of the police increases and the police state, with all its surveillance gear and military weaponry, expands around us.
Unlike Congress or the White House, no cameras are allowed inside the Supreme Court. Every few years C-SPAN dutifully submits a request to the Chief Justice for access and every few years that request is summarily dismissed.
The United States will be riveted on Dzokhar Tsarnaev when he goes on trial on Nov. 3, 2014, for allegedly murdering three people and injuring 264 on April 15, 2013, when he and his brother Tamerlan allegedly placed two bombs near the finish line of that day's Boston Marathon. Legal experts and scholars, though, might conclude that the first Boston Marathon bombing trial is more legally significant.
The instructions given me were clear -- that my words should recognize the diversity present in the chamber. And that is what is disappointing about this ruling: Not its support of legislative prayer, but the low bar it establishes for a prayer's permissibility.
The death of American poet Maya Angelou has been greeted with both grief and accolades for her contributions to the American literary canon. But it also has stirred memories of her early support for a controversial man, U.S. Supreme Court Justice Clarence Thomas.
We're all familiar with the golden rule, right? I'm not talking about the "do unto others" bit from The Bible, but the "He who has the gold makes the ...
We are only a few days away from President Obama's new EPA rules on extant coal-fired power plants and I can't help but be struck by a scary irony.