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30 Nov 2015, 6:13 am by Eugene Volokh
Over several cases, Chief Justice Roberts and Justice Scalia have been articulating a vision of the First Amendment in which the exceptions to protection are not the product of “categorical balancing” by the Court, but are rather supposed to be found in history and tradition. [read post]
12 Oct 2015, 6:10 am by Eugene Volokh
Paul’s city ordinance prohibited displays of symbols that “arouse[] anger, alarm or resentment in others on the basis of race, color, creed, religion or gender,” but did not prohibit displays of symbols which would advance ideas of racial or religious equality, Justice Scalia stated: “The First Amendment does not permit St. [read post]
4 Sep 2015, 8:03 am
At least, according to Justice Scalia, the majority opinion in Obergefell represents “social transformation without representation. [read post]
18 Aug 2015, 12:09 pm
I’ve posted my new paper, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, to SSRN. [read post]
14 Jul 2015, 2:50 pm
Judge Alex Kozinski -- for whom I clerked 20 years ago, who is one of our nation's most prominent appellate judges and who has long been seen as on balance a libertarianish conservative (appointed by President Reagan) -- has recently published an article in the Georgetown Law Journal that says some pretty harsh things about our criminal justice system, and offers some (doubtless controversial) proposals for improving it. [read post]
24 Jun 2015, 9:20 am
Second, even more than Justice Scalia, Justice Thomas is a big fan of leaving state governments with a considerable amount of autonomy, free of federal government constraint (which may include constraint by federal courts). [read post]
19 Jun 2015, 8:26 am by Ronald Collins
It was also noteworthy that Justices Thomas and Scalia were on different sides. [read post]
18 Jun 2015, 10:50 am
FILE – In this Jan. 12, 2-15 file photo, Good News Community Church Pastor Clyde Reed talks to reporters outside the Supreme Court in Washington. [read post]
16 Jun 2015, 5:46 am
 Speakers will include academics (Columbia’s Gillian Metzger, BU’s Jack Beerman, UVA’s Michael Livermore, GMU’s Neomi Rao, NYU’s Sally Katzen), representatives from interest groups and policy shops (NRDC’s David Doniger, PLF’s Todd Gaziano, Club for Growth’s David McIntosh, IJ’s Clark Neily, EPPC’s Ed Whelan) and practicing attorneys (Boyden Gray, Eugene Scalia, Adam White, Michael Bopp, Mark DeLaquil), and… [read post]
1 Jun 2015, 5:38 am
The sign involved in this case, which was too large for the audience — if it had been an emblem of a government or religious body, or a “work of art,” it would have been exempted. [read post]
30 Apr 2015, 9:05 pm by Walter Olson
Jones “effects” test for personal jurisdiction [David Post] “We’re Not in Kansas: No General Jurisdiction After Bauman” [Steven Boranian, Drug and Device Law] Noah Feldman, for one, isn’t buying Toobin’s latest sanctimonious swipe at Scalia [Bloomberg View] Usage of commas in famous first line of Pride and Prejudice can shed light on how to read Constitutional guarantee of right to keep and bear arms [Eugene Volokh] Tags:… [read post]
29 Apr 2015, 11:55 am
In 39 states, judges are popularly elected (or at least voters must decide whether to retain them). [read post]
6 Apr 2015, 3:25 am by Broc Romanek
Also see this WSJ op-ed from Gibson Dunn’s Eugene Scalia entitled “Blowing the Whistle on the SEC’s Latest Power Move”… SEC Tweaks Reg A+ Adopting Release Hat tip to Richie Leisner of Trenam Kemker for pointing out that the SEC has quietly posted a revised Reg A+ adopting release last week. [read post]
1 Apr 2015, 9:56 am
And the ACLU, which had long supported the Brennan view, sharply condemned Justice Scalia’s majority opinion. [read post]
3 Mar 2015, 10:24 am
., at 319 (Scalia, J., joined by Kennedy, J., and Thomas, J., concurring in part and concurring in judgment). [read post]
21 Jan 2015, 6:39 am
That rejection of religious exemptions was famously led by Justice Scalia, joined by conservative Justices Rehnquist and Kennedy, moderate Justice White, and Justice Stevens, who I think was still viewed as moderate at the time, though he had begun to be viewed as more liberal. [read post]
20 Jan 2015, 10:59 am
(Reuters) I’ve long been skeptical of claims that justices in religious freedom cases — and especially devoutly Christian justices, such as Justice Antonin Scalia — are biased in favor of Christians in religious exemption cases. [read post]