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In our last column, we focused on the “Most Favored Nation” (“MFN”) approach to the Free Exercise Clause of the First Amendment from the vantage point of protecting religious exercise as a liberty right. [read post]
About three weeks ago, in a per curiam (that is, unsigned) opinion in a case that was not fully briefed and argued at the Supreme Court, a majority of Justices (Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett) announced a potentially game-changing approach to processing claims brought under the Free Exercise Clause of the First Amendment. [read post]
26 Apr 2021, 2:42 pm by Joe Patrice
Easing Back In: Davis Polk is taking a low-key approach to bringing people back to the office. [read post]
26 Apr 2021, 4:00 am by Howard Friedman
Pohlman, Fulton and Government-Mandated Vaccinations,(Canopy Forum, 2021).Richard Luedeman, Voting as a Genuinely Religious Act in a World of Free Exercise Maximalism, (UC Davis Law Review Online (Forthcoming 2021)).Craig Westergard, LGBT Discrimination as Religious Discrimination: Ruse or Resolution? [read post]
15 Mar 2021, 7:58 am by Alexander Vindman
” The Federalist’s Sean Davis took these same malicious falsehoods a step further, insisting that I had lied to Congress. [read post]
8 Mar 2021, 4:00 am by Howard Friedman
Gerber, The Intellectual History of European Laws about Religious Toleration Prior to the Planting of English America, (Glossae: European Journal of Legal History (2021)).Griffin Rubin, Constructing a Tower of Babble: An Examination of Purpose in Establishment Clause Jurisprudence, (SMU Law Review Forum, 2021).Johnny Davis, Biblical Natural Law vs. [read post]
7 Mar 2021, 9:03 pm by Peter H. Schuck
These lawsuits affect police practices erratically because they are rare, and the cops can claim an ill-defined “good faith” immunity. [read post]
7 Mar 2021, 12:05 pm by Kevin LaCroix
The Insureds cross-appealed, arguing that the Superior Court incorrectly dismissed their bad faith counterclaim. [read post]
17 Feb 2021, 10:59 am by Adam Levitin
Is failure to supervise inconsistent with good faith? [read post]
7 Feb 2021, 9:05 pm by Paul R. Verkuil
” Sunstein and Vermeule are also heirs to the great scholars of the New Deal, including Walter Gellhorn, Ken Davis, Louis Jaffe, and Carl McFarland. [read post]
25 Jan 2021, 9:36 am by Arnold Wadsworth Coggins
Davis establishes an important limitation on the exclusionary rule. [read post]
13 Jan 2021, 11:05 am by Mark Graber
”  Senator Garrett Davis of Kentucky complained that Section Three was “a bill of attainder and an ex post facto law. [read post]
10 Jan 2021, 9:05 pm by Cookson Beecher
  Schools participating are the Washington State University, University of California-Davis, University of Arizona, University of Florida, University of Georgia, Virginia Tech, University of Delaware, University of Maryland, Rutgers University, and Ohio State University. [read post]
8 Dec 2020, 6:30 am by Guest Blogger
I discussed DAPA at some length in a recent articleon a phenomenon I call “faithful nonexecution,” programmatic decisions to implement statutes in ways other than their most comprehensive enforcement, but which are nonetheless consistent with a president’s “faithful execution” obligations. [read post]
24 Nov 2020, 9:01 pm by Vikram David Amar and Jason Mazzone
Immediately prior to taking the position at Illinois in 2015, Amar served as the Senior Associate Dean for Academic Affairs and a Professor of Law at the UC Davis School of Law. [read post]