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Author Archives: Dan Margolies

Oy vey! 8th Circuit makes mitzvah mistake

In general, courts have applied a deferential standard to state-sponsored restrictions on inmates’ religious freedoms. A few weeks ago, the 8th U.S. Circuit Court of Appeals joined four other circuits in holding that, while the Religious Land Use and Institutionalized ...

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Questioning Scalia’s dissent on ‘actual innocence’

So let me get this straight. Justice Antonin Scalia thinks it’s OK to execute someone even if he’s innocent as long as his trial didn’t suffer from constitutional infirmities. That’s how I read his dissenting opinion last month when the ...

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Hearings show Better Courts’ plans’ failing

The group that calls itself Better Courts for Missouri has unveiled its latest proposal to upend Missouri’s Nonpartisan Court Plan, and it’s a sign of the group’s intellectual incoherence that it bears no resemblance to its previous attempts to scuttle ...

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A splash of U.S. history from a swimming pool

While researching a story the other day on a well-known Kansas City mansion, I stumbled across an intriguing – and somewhat forgotten – part of Kansas City history. The mansion, which was constructed in 1926, boasted what was thought to ...

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Anonymous comments on a Web site are dangerous

Lest bloggers or online commenters think they’re immune to legal actions arising from their postings, a recent story in the St. Louis Post-Dispatch sounds a cautionary note. The story was about a ruling by a Madison County, Ill., judge ordering ...

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Opponents of the Missouri Plan keep popping up

It’s getting tiresome, I know, but so are the Whack-A-Mole opponents of Missouri’s judicial selection process, who refuse to accept defeat and keep popping up like mushrooms after an autumn rain shower. This time they’re promoting another ill-advised constitutional amendment ...

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