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6 Oct 2016, 9:01 pm
Given that this week is the first in the Supreme Court’s new Term, it is hardly surprising that I will devote today’s column to a case on the Court’s docket this week. [read post]
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
22 May 2014, 2:35 pm
” (Richard Harris, “A Reporter at Large: Handguns,” New Yorker, July 26, 1976, p. 58.) [read post]
30 Dec 2023, 12:19 am
Prince Harry Duke of Sussex, as he claimed in his book Spare. [read post]
24 Feb 2011, 9:36 am
By David D. [read post]
19 Feb 2015, 10:04 am
Opinion by The Honorable David M. [read post]
19 Feb 2019, 9:01 pm
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
24 Jan 2018, 9:01 pm
The blockbuster movie The Post tells a very important real-life story about the efforts of the journalists and leaders of the Washington Post (including Katherine Graham, the first female head of a major American newspaper) and the New York Times to publish parts of a collection of classified documents (the “Pentagon Papers”) detailing non-public information about America’s controversial involvement in the Vietnam War. [read post]
7 May 2015, 9:01 pm
As we noted in a column for this site two weeks ago, state religious freedom restoration acts, or RFRAs, such as the recently amended Indiana religious liberty statute, have been criticized on the ground that they are intended to permit discrimination against gays, lesbians, and same-sex couples in the provision of goods and services. [read post]
30 Oct 2022, 9:01 pm
Earlier this month the University of Florida (UF) announced that U.S. [read post]
4 Oct 2018, 9:01 pm
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
29 May 2023, 9:01 pm
A fast-moving lawsuit filed and ruled upon last week by a federal district judge highlights fundamental and recurring flaws in the judicial treatment of First Amendment freedom of expression, with plenty of blame to go around among various actors in our constitutional system.The dispute arose at Grand Valley High, a rural public high school about 45 miles from Grand Junction, Colorado. [read post]
9 Feb 2017, 9:01 pm
With many eyes this week on the Ninth Circuit litigation challenging President Trump’s Executive Order regulating entry into the U.S. by nationals of seven Middle Eastern and African countries, less noticed but potentially as important is a separate lawsuit (San Francisco v. [read post]
7 Dec 2014, 9:01 pm
In Part One of this two-part series, I contended that the reading of the Obamacare statute offered by the plaintiffs in the important King v. [read post]
12 Aug 2018, 9:01 pm
I cringe when I hear folks express a fear that a Supreme Court nominee is likely to “use his position as a judge to legislate from the bench. [read post]
30 Jan 2014, 9:01 pm
In today’s column, the first in a two-part series, we begin to analyze and assess an important decision handed down last week by the United States Court of Appeals for the Ninth Circuit concerning discrimination against would-be jurors who happen to be gay or lesbian. [read post]
5 Aug 2018, 9:01 pm
The 2017–18 Supreme Court term was noteworthy for many reasons. [read post]
7 Feb 2019, 9:01 pm
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
12 Jul 2018, 9:01 pm
It looks like Justice Anthony Kennedy will be replaced by one of his former clerks, DC Circuit Judge Brett Kavanaugh. [read post]
