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19 May 2024, 11:25 pm
Deputies interviewed the mother, daughter and the suspect, 49-year-old Jason Prater. [read post]
29 Apr 2024, 9:01 pm
In this, the second of a two-part essay series, we continue to explore the constitutional issues raised by a recent episode in which a public high school (Central Davidson High School in Lexington, North Carolina) imposed disciplinary suspension on a student, Christian McGhee, for invoking the term “illegal alien” when asking a question to his teacher about an assignment. [read post]
28 Apr 2024, 9:01 pm
The two of us just finished co-teaching a law school class focused on the Free Speech Clause of the First Amendment, and this semester has not lacked for plenty of cutting-edge, ripped-from-the headlines fodder for us to explore with our students. [read post]
11 Apr 2024, 9:01 pm
In two of my last three Verdict columns (this one and then this one co-authored with Jason Mazzone), I have discussed—in connection with the Supreme Court’s consideration in Trump v. [read post]
24 Mar 2024, 9:01 pm
Earlier this month, in Trump v. [read post]
27 Feb 2024, 9:01 pm
In the space below, we raise and begin to analyze several interesting legal issues raised by the recent decision by a federal district court judge to dismiss the lawsuit filed by the Disney Corporation against Florida officials for alleged retaliation (against Disney’s outspoken opposition to certain Florida laws and policies) by altering the structure of the board that regulates the land in which Disney World is located. [read post]
20 Feb 2024, 2:16 pm
[The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship. [read post]
14 Feb 2024, 3:05 pm
Indeed, to call it a “too clever by half … cabalistic overreading” (see Michael Dorf, quoting Akhil Amar) might, if anything, give it too much credit. [read post]
12 Feb 2024, 9:01 pm
The value of Professor Amar’s article was to show how landmark cases built on the principle and how it could generate further insights.Yet Professor Amar recognized that one can take intratextualism too far. [read post]
31 Jan 2024, 9:01 pm
We don’t think there is a convincing answer to that question, which is one straightforward reason why we would be extremely surprised if this lawsuit ending up having any real legs.Follow @prof_amar Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former De [read post]
27 Jan 2024, 7:54 pm
Professor Jason Mazzone describes the brief as "eye-popping and game-changing. [read post]
29 Aug 2023, 9:01 pm
As Professor (and then-Dean) Vikram Amar and Professor Jason Mazzone noted on Verdict, Dean Martinez sensibly committed to educating rather than punishing the students who had disrupted the talk.Dean Martinez’s letter also blamed “staff members who should have enforced university policies [but] failed to do so, and instead intervened in inappropriate ways that are not aligned with the university’s commitment to free speech. [read post]
4 Jul 2023, 9:01 pm
In an important 1961 article in the Harvard Law Review, Yale Law Professor Alexander Bickel—who was a leading constitutional scholar of his generation—defended the Supreme Court’s exercise of what he called “the passive virtues. [read post]
26 Jun 2023, 9:01 pm
A recent controversy over an invited-speaker event at the University of Pittsburgh (a public university in Pennsylvania known as “Pitt”) illustrates how both sides in free speech controversies at public universities seem to do and say untenable things, and also how the Supreme Court could improve matters by providing more clarity on key doctrinal and practical questions.The following factual contentions are drawn (and quote) from a demand letter sent to Pitt officials by the Alliance… [read post]
18 Jun 2023, 9:03 pm
The United States Court of Appeals for the Fourth Circuit recently handed down an important 2-1 ruling in a case involving changes in the admissions policy at the Thomas Jefferson High School for Science and Technology (“Thomas Jefferson” or “TJ”) in Alexandria, Virginia, a public STEM-focused school that has a selective admissions process and that has traditionally served high-performing students. [read post]
11 May 2023, 9:00 pm
(To be clear, Professor Gerber’s complaints about ONU’s treatment of him seem to involve allegations of a lack of due process and fair notice in addition to the suggestion that ONU has targeted him because of his political views.)Another episode involves a long-running dispute at the law school at the University of Illinois-Chicago (UIC) (not to be confused with the University of Illinois College of Law, Urbana-Champaign, where I serve as a professor and the dean) between administrators… [read post]
4 May 2023, 9:01 pm
That is why Jason and I urged the Court to immediately grant review in a case from Ohio—Huffman v. [read post]
1 May 2023, 7:43 pm
Vik Amar and Jason Mazzone suggest that the Court grant cert. pronto in Huffman v. [read post]
30 Apr 2023, 9:00 pm
On Friday the North Carolina Supreme Court pulled what the Wall Street Journal editorial board called a “switcheroo. [read post]
27 Apr 2023, 9:01 pm
But as Vikram Amar and Jason Mazzone put it in a Verdictcolumn from which I quoted last week: “[E]ach law school should not merely tolerate but embrace controversial speakers (provided they are serious people and not just incendiary propagandists). [read post]
