Search for: "Matter of Barnette"
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12 Dec 2017, 7:09 am
Barnette: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion, or force citizens to confess by word or act their faith therein. [read post]
8 Dec 2017, 9:20 am
Barnette, a 1943 decision that said individuals could not be forced to recite the Pledge of Allegiance and to salute the flag against their beliefs. [read post]
5 Nov 2017, 6:02 am
Madden v. [read post]
5 Nov 2017, 6:02 am
Madden v. [read post]
26 Oct 2017, 6:01 am
Barnett, Mr. [read post]
18 Oct 2017, 12:49 pm
” He added that it’s a matter of the “the rule of law. [read post]
3 Oct 2017, 5:05 am
They do acknowledge that methane is also naturally released by the decay of organic matter and wetlands. [read post]
3 Oct 2017, 5:05 am
They do acknowledge that methane is also naturally released by the decay of organic matter and wetlands. [read post]
27 Sep 2017, 3:06 am
Barnette. [read post]
25 Sep 2017, 6:42 am
Moreover, under the EEOC’s interpretation, the length of the leave would not matter, thus transforming the ADA a medical-leave statute that would be, in effect, an “open-ended extension” of the FMLA. [read post]
21 Sep 2017, 9:01 pm
Barnette (striking down requirement that children must recite the pledge of allegiance in school); Wooley v. [read post]
15 Sep 2017, 1:50 pm
Barnette, in which Justice Robert Jackson wrote that “[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. [read post]
13 Sep 2017, 11:24 am
Barnette, “[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. [read post]
1 Sep 2017, 5:32 am
This Court should either rehear the matter and vacate the injunction entirely or allow it to be appealed to the Court of Appeals. [read post]
20 Aug 2017, 9:30 pm
And here is the crux of the matter: They have made no serious effort to carry that burden. [read post]
6 Aug 2017, 1:00 am
It’s worrying if things haven’t improved since the Hunter & Barnett research. [read post]
9 Jul 2017, 11:44 am
Randy Barnett graciously responded to my op-ed in the Washington Post blog, The Volokh Conspiracy. [read post]
7 Jul 2017, 12:56 pm
What exactly an “establishment of religion” was in 1791 is a matter of good faith academic dispute. [read post]
30 Jun 2017, 4:55 am
As a general matter, Chevron deference helps agency actions survive judicial review. [read post]
29 Jun 2017, 8:49 am
As long as these adjudicators handle issues properly resolved through executive adjudication as a historical matter, there are no constitutional partiality concerns with the executive branch appointment—or even removal—of agency adjudicators. [read post]