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29 Jun 2016, 12:59 pm
.); id. at 492 (Scalia, J., concurring in part and in the judgment) (similarly concluding that “test[s] that [are] tied to … a court’s perception[] of . . . intent” are “ineffective to vindicate the fundamental First Amendment rights” of those against whom the intent-based law is applied). [read post]
6 Jun 2016, 4:24 pm
Seventh Circuit: The city’s ban on teachers using racial epithets, no matter the context, is (borrowing a phrase from the late Justice Scalia) stupid but constitutional. [read post]
18 May 2016, 12:29 pm
Rehnquist and Justice Antonin Scalia, respectively. [read post]
9 May 2016, 4:12 am
Department of Justice: we’re going to use that Dear Colleague Title IX letter as a basis for prosecution, and colleges are going to need to crack down on speech if they want to stay in compliance [Eugene Volokh, Scott Greenfield, and FIRE, on University of New Mexico case] A brief history of how we got here from the Dear Colleague letter [Justin Dillon and Matt Kaiser, L.A. [read post]
25 Apr 2016, 9:14 am
It upheld the fraud conviction of a Californian, Lawrence Eugene Shaw, and his sentence to fifty-seven months in prison. [read post]
6 Apr 2016, 9:05 pm
Bouaphakeo, Kennedy preserves statistical sampling as a way of proving classwide liability; liberal side would have prevailed even with Scalia on court [Mark Moller/PrawfsBlawg, Daniel Fisher, Paul Karlsgodt] Cato’s amicus brief suggests nifty administrative-law fix by which Court could excuse Little Sisters of the Poor without stoking culture war [Ilya Shapiro] Oral argument in case on whether RICO racketeering law applies extraterritorially [Daniel Fisher, first and second… [read post]
31 Mar 2016, 5:01 pm
(Deb Lindsey/For The Washington Post) The naming of George Mason University School of Law after the late Justice Antonin Scalia prompts this question: What other justices have law schools named after them? [read post]
18 Mar 2016, 10:45 am
., 551 U.S. 449, 468 (2007) (lead opinion) (citation omitted); id. at 495 (Scalia, J., concurring in part and concurring in the judgment) (likewise rejecting a test based on speaker motivation). [read post]
1 Mar 2016, 6:01 pm
” Besides the introduction by Eugene Scalia, and a brief prayer by the Rev. [read post]
1 Mar 2016, 3:02 pm
"What the Supreme Court's Infamous 1927 Eugenics Decision Tells Us About Filling Justice Scalia's Seat": Adam Cohen has this essay online at The National Book Review. [read post]
29 Feb 2016, 10:06 am
Supreme Court Justice Samuel Alito, left, arrives for the funeral of Associate Justice Antonin Scalia at the Basilica of the National Shrine of the Immaculate Conception in Washington on Feb. 20. [read post]
23 Feb 2016, 12:04 pm
Several sites are claiming that President Obama “crack[ed a] joke about [Justice Antonin] Scalia’s death” at the National Governors Association conference yesterday; I’ve already gotten an outraged e-mail about this. [read post]
23 Feb 2016, 11:22 am
. - Not a good past ten days for Eugene Scalia, who argued the case for the Wynn Las Vegas. [read post]
17 Feb 2016, 9:34 am
Kennedy, because he was the justice appointed after Scalia. [read post]
16 Feb 2016, 12:48 pm
Mourners assembled a makeshift memorial for Supreme Court Justice Antonin Scalia outside the Supreme Court on Sunday. [read post]
8 Feb 2016, 6:13 am
See Eugene Volokh, One-to-One Speech vs. [read post]
25 Jan 2016, 11:00 pm
Garner and Antonin Scalia — This book is about argumentation, and specifically about the forms of argumentation in the process of a legal case. [read post]
15 Jan 2016, 1:42 pm
The two dissenters in Locke, Justices Antonin Scalia and Clarence Thomas, supported, generally speaking, a broad no-discrimination-against-religion rule, including as to funding programs. [read post]
13 Jan 2016, 3:40 am
” At The Volokh Conspiracy, Eugene Volokh discusses an amicus brief filed in a First Amendment student rap case, while at The Conversation Clay Calvert urges the Court to grant review in the case, arguing that “public school students deserve the right to know, pre-posting and pre-texting, what their First Amendment rights are when they are away from campus. [read post]
23 Dec 2015, 8:14 am
Smith: Columbia Law School Eugene F. [read post]
