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5 Mar 2018, 6:35 am by Nelson Tebbe
Nelson Tebbe, Micah Schwartzman, and Richard SchraggerWe have been arguing that the Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties. [read post]
25 May 2017, 1:30 pm by Corey Brettschneider
He contended that, under Mandel and subsequent cases interpreting it, all the government need show in the immigration context is a “rational basis” for its actions, rather than the more demanding showing required under traditional Establishment Clause doctrine.But this analysis invites, rather than disavows, application of the animus doctrine that the Supreme Court developed in cases like Lukumi—and that I argued in an earlier essay in Politico and… [read post]
1 Nov 2019, 6:30 am by Guest Blogger
My special appreciation for the close read of the book by Mark, George Thomas, Susan Burgess, and Nelson Tebbe. [read post]
30 Aug 2012, 11:00 am by Lucas A. Ferrara, Esq.
Additionally, on August 1, the Attorney General filed a new lawsuit against Tebb's Head Shops for the sale of bath salts and synthetic drugs in violation of the state's labeling laws. [read post]
31 May 2023, 5:01 am by Rick Garnett
Two leading scholars of American law and religion, Micah Schwartzman and Nelson Tebbe, have proposed a reading of that work in which Justice Breyer's defections from "liberal" colleagues' strict-separationist dissents are evaluated as instances of "appeasement. [read post]
28 Apr 2020, 6:26 am by Kalvis Golde
Pennsylvania Eric Citron, Goldstein & Russell | Nelson Tebbe, Cornell Law School Preview: May 1, 12 p.m. [read post]
2 Oct 2009, 10:14 am
  Shameless plug: Nelson Tebbe has a really thoughtful short piece addressing the issue here.) [read post]
23 Feb 2015, 8:52 am by Harold O'Grady
On this subject, BLS Professor of Law Nelson Tebbe and former BLS Professor Frederic Bloom have written and posted on SSRN a paper called Countersupermajoritarianism. [read post]
16 Nov 2015, 8:40 am by Jeff Redding
”  Invited respondents—who will also be contributing to the 2016 symposium issue on this topic—included Professors Matt Bodie, Jessie Hill, Christoper Lund, Elizabeth Sepper, Nelson Tebbe, and myself. [read post]
11 Nov 2009, 7:36 am
As Nelson Tebbe recently posed the fundamental question: "When should we allow governments to deploy private-law rules in order to circumvent public-law obligations? [read post]
4 May 2010, 12:27 pm by Jessie Hill
(Incidentally, both Nelson Tebbe and Joseph Blocher raise some interesting points quite relevant to my line of thinking here in their contributions to a wonderful online colloquium on Summum some time ago in the Northwestern Law Review Colloquy) I should add one last note/plug: Case Western's Law Review will be hosting a symposium on the subject of "Government Speech" in November 2010. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
Indeed, as Nelson Tebbe observes in his symposium contribution (and as he fleshes out in more detail in noteworthy earlier work), the government’s “capacity to alter the standing of subjects, and to impede their participation in public life, may be more (and differently) powerful than that of others. [read post]
31 Mar 2015, 1:01 pm by Corey Brettschneider
Nelson Tebbe is Professor of Law at Brooklyn Law School and Visitin [read post]
29 May 2020, 9:05 pm by Jamison Chung
Churches have been hypocritical during the coronavirus outbreak, Cornell University’s Nelson Tebbe and University of Virginia’s Micah Schwartzman and Richard Schragger argue in The Washington Post. [read post]
11 Dec 2013, 7:28 pm by Marty Lederman
Meanwhile, here at Balkinization, we’ve already published several important posts—this one by Joey Fishkin, and a series of three posts on the Establishment Clause questions raised in the case—here, hereand here—co-authored by Micah Schwartzman, Rich Schragger and Nelson Tebbe. [read post]
4 Nov 2024, 4:00 am by Michael C. Dorf
I had better believe that because this semester I have been co-teaching (with my colleague Professor Nelson Tebbe) a seminar called "The Woke Constitution. [read post]
27 Nov 2013, 11:05 am by Guest Blogger
Micah Schwartzman, Richard Schragger, and Nelson TebbeYesterday the Supreme Court granted certiorari in Sebelius v. [read post]
1 Apr 2015, 3:39 pm by Nelson Tebbe
Nelson Tebbe, Micah Schwartzman, and Richard SchraggerYesterday, the Arkansas legislature passed a state RFRA and sent it to Governor Hutchinson. [read post]
18 Mar 2020, 6:30 am by Guest Blogger
Advocates on both sides of that important issue will have to contend with her meticulous and carefully-reasoned analysis.Nelson Tebbe is Professor of Law at Cornell Law School. [read post]
31 Mar 2015, 10:29 am by Guest Blogger
Nelson TebbeCan a government deny support for a specific exercise of religion? [read post]