Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

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There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid. For years, Counterman sent increasingly menacing messages in which he suggested that he had seen Whalen – who is identified only by her initials in court documents, but who has discussed the case on her website – while driving and made comments such as “Die” and “Fuck off permanently.” Whalen told a family member that she was

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On icy ground: Kamila Valieva and the challenge of pleading “no fault or negligence” in anti-doping cases

Introduction

On 21 February 2023, the World Anti-Doping Agency (“WADA”) issued a statement confirming that it was appealing the decision of the disciplinary tribunal of the Russian Anti-Doping Agency (“RUSADA”) in the case of Kamila Valieva to the Court of Arbitration for Sport (“CAS”). Although the full decision has not been published, the RUSADA tribunal found that the teenage figure skater bore ‘no fault or negligence’ (“NFON”) in testing positive for a … Read the rest

In COVID-19, Judicial Conference Met Its Ultimate Challenge

When COVID-19 struck in early 2020, Chief Justice William Howard Taft’s vision of a Judiciary that could work in unison was put to perhaps its greatest test. For critical weeks and months, the Judiciary’s very ability to conduct proceedings was endangered. The Judicial Conference of the United States, the Administrative Office of the U.S. Courts, and judges and court staff across the country worked tirelessly to keep courts open and safe.
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Domino’s delivery drivers challenge arbitration clauses after Southwest Airlines ruling

Domino’s delivery drivers challenge arbitration clauses after <em>Southwest Airlines</em> ruling

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Over the past four decades, the Supreme Court has issued a long string of decisions interpreting the Federal Arbitration Act to provide extensive protection for arbitration agreements. This term, however, was more of a mixed bag. Although the court issued a number of opinions that were pro-arbitration, it also wrote … Read the rest