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Continue reading » We rely on our readers to send us links for our round-up. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enough that the defendant formed the intent to commit a crime at any time while “remaining in” the building or structure, as the court below and three other circuits hold. on December 19: This afternoon the Department of Justice asked the D. The government explained that it had learned that Jane Roe is 19, rather than (as had previously been thought) 17.
If you have or know of a recent (published in the last two or three days) article, post, podcast, or op-ed relating to the Supreme Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] Because she is over 18, Roe will be transferred to the custody of the Department of Homeland Security, where she would be able to obtain an abortion.
The most important part of freedom of expression is the right not to conform.
When unions engage in political activity, they rely heavily on peer pressure, coercion, and inertia to silence opposing views from dissenting members or nonmembers.
Stare decisis has as long a pedigree in the American legal tradition as any other principle you can think of. 78” that a robust respect for precedent is indispensable to preventing judges from exercising arbitrary discretion.
And the Supreme Court itself — in decisions like , dating to the very early days of the republic — has emphasized that stare decisis is critical to ensuring that legal rules are not “uncertain and fluctuating” or “liable to change with every change of times and circumstance.” Continue reading » may prove to be telling.
However, progress has been uneven, and annual infections and diagnoses have increased among some groups.
In an initial order on December 8, the justices put a hold on the district court’s order to give themselves time to rule on the government’s petition challenging the order.
Tonight they acted again, two days before the December 22 deadline, vacating a ruling by the United States Court of Appeals for the 9th Circuit that had upheld the district court’s order. Underlying the court’s forthcoming decision is also an important question about stare decisis and what role it will play at the modern court.
Unlike elected political leaders, however, unions have a duty to represent all fairly; elected union representatives cannot discriminate against those who oppose or choose not to join the union.
Continue reading » , the court has allowed that wage garnishment on the theory that without such entitlements, unions’ collective bargaining efforts might be undermined by “free riders.” A series of cases upholding workers’ First Amendment rights to speak and associate as they choose has steadily chipped away at decision.
Thus, public-employee unions exert more coercion and intimidation against dissenting workers than private-sector unions or employers, because private-sector workers can more easily find comparable jobs, if need be.