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7 Nov 2013, 9:01 pm
Most of what a state legislature does involves the formulation and enactment of laws of significant breadth and scope that impact large groups and constituencies. [read post]
20 May 2021, 9:01 pm
Why would the granting of an occasional secular exemption undermine the conclusion that the general law at issue substantially burdens the majority, and accordingly is more deserving of trust than a law which allows the majority to escape the consequences of a law’s enactment? [read post]
23 Mar 2017, 9:01 pm
When a facially neutral law that draws no problematic classifications between groups can be shown to have a disparate impact against certain classes, and when there is strong enough evidence that a desire to harm those groups was a driving factor behind the law’s enactment, courts have been willing to strike those laws down. [read post]
21 Sep 2017, 9:01 pm
Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. [read post]
7 May 2015, 9:01 pm
The Smith decision drew fire both from legal scholars and advocacy groups. [read post]
11 Apr 2017, 2:11 pm
Russell Slifer: How To Improve IPRs Without Tossing The Baby Out With The Bath Water Kim Treanor: Hiring Freeze At USPTO Concerns Industry Groups Andrew Williams: Shire Has Rare Motion To Amend Granted Audrey Millemann: More Patents Invalidated As Abstract Ideas Wayne Sobon: The Surprising Rise Of China As IP Powerhouse Mikey Campbell: Qualcomm Slaps Apple With Countersuit Over Patent Royalties Too Simplistic: How the USPTO Measures Outcomes For Ex Parte PTAB Appeals Upcoming Events Los… [read post]
18 Dec 2014, 9:01 pm
Perhaps the Constitution’s primary and most effective role in these events is protecting the rights of individuals and groups to protest what they see as unsanctioned violations of the equal protection of the laws. #3. [read post]
13 Feb 2014, 9:01 pm
The Court’s focus was no longer on whether a law disadvantaged racial minorities or women, but rather on whether the challenged law employed a racial or gender classification. [read post]
19 Dec 2013, 9:01 pm
It is common knowledge that the vast majority of people today who want to assemble and demonstrate near funerals are members of an identifiable religious group with a distinctive, somewhat bizarre, and extremely unpopular message and point of view. [read post]
22 May 2014, 9:01 pm
Instead, audience members are a diverse group of citizens attending the board meeting on government business to address their representatives. [read post]
14 May 2020, 9:01 pm
If we apply these criteria to religious people as a group, it would be hard to justify heightened scrutiny under equal protection doctrine. [read post]
14 Jun 2018, 9:01 pm
As we wrote last fall, the lawsuit held the potential to decide whether Colorado’s public accommodations law—which prohibits covered persons from withholding goods, services, or facilities from an individual or group based on, among other things, sexual orientation—violates the First Amendment’s ban on compelled speech when the statute is applied against someone who refuses to create custom wedding cakes for same-sex wedding celebrations because doing so… [read post]
30 Nov 2012, 5:55 am
Brownstein, Adam O. [read post]
1 May 2024, 9:01 pm
Their right to protest on school grounds—while important—extends no further than the right afforded to workers, parents, voters, civic groups, or anyone else to engage in similar protest activity on public property.And third, the regulation of any expression, including protests, must be (at least at public universities) viewpoint-neutral as a formal matter and must also be enforced in a viewpoint-neutral way. [read post]
20 Oct 2016, 9:15 pm
Here to discuss this idea are Alex Dahl of Brownstein Hyatt Farber Schreck LLP and Professor Benjamin Spencer of UVA School of Law. [read post]
6 Jun 2013, 9:01 pm
Most of what a state legislature does involves the formulation and enactment of general legislation that impacts large groups and constituencies. [read post]
9 Oct 2014, 9:01 pm
In this respect, laws banning threats are more akin to laws sanctioning defamatory speech. [read post]
30 Jan 2014, 9:01 pm
The best answer is probably the need for some stability so that persons within a Circuit can know “what the law is. [read post]
25 Sep 2019, 6:30 am
Bedard, Jr., Bedard Law Group, P.C. [read post]
10 Apr 2014, 9:01 pm
However, in many cases corporations can be viewed as the representative of or—as our UCLA colleague Eugene Volokh has suggested—a “proxy” for individual persons and groups. [read post]
