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26 Apr 2023, 6:30 am by Guest Blogger
Hungary, Myanmar, Poland, Turkey, Tunisia, Venezuela are just some of the nations where democracy is teetering and may not prevail.[4] Large majorities of Americans believe American democracy is at risk—but they also disagree sharply about why.[5]  Risks come here and elsewhere as politicians appeal to the fears and hatreds of masses of people—at the expense of minorities, truth, and reason—and gain supporters while undermining belief in equality, tolerance and the… [read post]
21 Feb 2024, 1:19 pm by Eugene Volokh
The Third Circuit reasoned that the state in Anspach was not constraining or compelling any action by the parents, in contrast to the laws at issue in Supreme Court cases such as Meyer [which banned teaching of foreign languages in private schools], Pierce [which generally banned private schools], and Yoder [which required parents to provide some sort of schooling until age 16]…. [read post]
24 Apr 2023, 7:00 am by Guest Blogger
Yoder (1972), when Chief Justice Warren Burger acknowledged that education is “necessary to prepare citizens to participate effectively and intelligently in our open political system. [read post]
16 Dec 2013, 6:36 am by Marty Lederman
  (By the courts of appeals’ calculations, for example, Conestoga Wood would be liable for at least $95,000 a day; and Hobby Lobby would owe at least $1.3 million a day.) [read post]
27 Mar 2014, 12:46 pm
It is easy to see how imposing such a choice constitutes a substantial burden—which is likely why the government never raised the issue, and the courts of appeals never considered it. 2. [read post]
2 Dec 2011, 3:20 pm by Eugene Volokh
For instance, noted Mennonite theologian John Howard Yoder, noted Pentecostalist theologian David K. [read post]
5 Nov 2020, 6:10 pm by Marty Lederman
"  As the City noted in its brief, "[h]istorically black colleges do not discriminate, for instance, by establishing programs to 'disproportionately appeal to' black students, provided they are 'open to all on a race-neutral basis' (quoting United States v. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]