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Hilden also expresses doubt as to whether -- prior to fact discovery -- the panel correctly decided that the cheerleader's silence created "substantial interference with the work of the school," as it held that Supreme Court precedent required. C., Davis law professor Vikram Amar comments on the recent oral argument regarding Proposition 8 -- California's anti-same-sex-marriage ballot initiative -- that was presented before a three-judge panel of the U. What happens if no party that is currently defending Prop. The argument goes as follows: The Republicans are hypocrites in that they purpose to oppose deficit spending, yet they also support low tax rates on taxpayers whose Adjusted Gross Income is over 0,00o -- a position that will inevitably require deficit spending.

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C., Davis law professor Chris Elmendorf comments on why Prop. As Elmendorf explains, under California's Constitution, constitutional amendments that are effected via ballot initiative must comply with a single-subject rule -- that is, they must address only one subject, in order to avoid voter confusion. 26 appears to address two separate subjects: reclassifying regulatory fees as taxes, and changing the trigger for the supermajority/referendum requirement.

In addition, Elmendorf notes, voters may not have focused on -- or even known about -- the "trigger change" aspect of the proposition.

Wearing the bracelets has become a popular trend among teens, but some school administrators have banned them, on the grounds that they are vulgar, lewd, and/or disruptive.

Hilden argues that such bans should be held to violate the First Amendment -- but she also notes that some prior Supreme Court precedent may support the schools' decisions.

Find Law columnist and Cardozo law professor Marci Hamilton comments on ten developments, in ten different states across the nation, regarding statutes of limitations in child-sex-abuse cases.

As Hamilton explains, states are considering issues such as whether to create a "window" in which child-sex-abuse cases can be brought despite the expiration of statutes of limitations; whether to lengthen existing statutes of limitations; and whether the recovery of repressed memories should affect statutes of limitations.

Given America's free-speech tradition, Mariner notes, the U. groups that faced government criticism still kept speaking out independently. In Part Two in a two-part series of columns regarding California's Proposition 26, Find Law columnist and U.

But in other countries, she warns, the same may not be true; civil society organizations may end up being subject to sanctions, or else being co-opted by the government. C., Davis law professor Chris Elmendorf provides additional commentary as to why Prop. As Elmendorf explains, under California's Constitution, constitutional amendments that are effected via ballot initiative must comply with a single-subject rule -- that is, they must address only one subject, in order to avoid voter confusion. 26 appears to address two separate subjects: reclassifying regulatory fees as taxes, and changing the trigger for the supermajority/referendum requirement.

Finally, Ramasastry points to the irony that -- while in general, the US has much more liberal press freedoms than the UK -- on the Twitter issue the UK may well be ahead of the US from a free-speech perspective. Accordingly, a specially-convened three-judge federal court invoked its authority under the Prison Litigation Reform Act to order a remedy that will -- if implemented -- likely mean that California will release tens of thousands of prisoners over the next two years.

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