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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]
20 Mar 2022, 9:01 pm
In Part One of this series, we began discussing a lawsuit filed by Oklahoma attorney Stephen Jones in the Oklahoma Supreme Court seeking to prevent the state from holding a special election this year to replace U.S. [read post]
30 Oct 2022, 9:01 pm
Earlier this month the University of Florida (UF) announced that U.S. [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]
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]
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]
12 May 2020, 9:00 pm
COVID-19 has (rightly) pushed from the headlines almost every political controversy lacking a coronavirus angle. [read post]
18 Apr 2018, 9:01 pm
It is time for an update on a proposal—about which I wrote two columns (the second of which is here) last summer—that seeks to carve California up into three separate states. [read post]
9 Aug 2021, 9:01 pm
At the beginning of this month, former Illinois Governor Rod Blagojevich filed suit pro se (that is, by himself rather than through a lawyer on his behalf) in federal district court in Chicago to block the implementation of the Illinois State Senate’s decision over a decade ago to ban him from holding any state or local public office in Illinois for the rest of his life. [read post]
9 Apr 2020, 9:01 pm
Allen v Cooper, decided a few weeks ago by the Supreme Court, is significant for both its substance and its methodology. [read post]
3 Feb 2021, 9:01 pm
The Senate has announced that when it convenes later this month for the second impeachment trial of former President Donald J. [read post]
1 Mar 2023, 9:01 pm
In my last column, Part One in this series, I offered some observations about the increasingly loud and frequent criticisms of the US News rankings systems for law (and medical) schools that have been voiced in recent months by some of the nation’s best-known (and generally most highly rated) professional schools themselves. [read post]
4 Mar 2021, 9:01 pm
In the past few weeks, the Supreme Court has been cleaning up some of the untidiness left after the November 2020 presidential election. [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]
5 Aug 2018, 9:01 pm
The 2017–18 Supreme Court term was noteworthy for many reasons. [read post]
22 Sep 2020, 4:45 pm
Jonathan Entin, David F. [read post]
11 May 2023, 9:00 pm
There are ever more stories in the news these days involving professors at public universities who seem to claim that university diversity, equity, and inclusion (DEI) policies and programs are trampling the professors’ free speech rights. [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]
15 Oct 2020, 9:01 pm
As readers of this series will no doubt recall, in 2012 the Supreme Court in National Federation of Independent Business (NFIB) v. [read post]
3 Oct 2019, 9:01 pm
Jason: Vik, as you know, last month three Virginia couples sued their state in federal court challenging a law requiring them to identify and report their race on the state’s marriage license application form. [read post]
