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10 Aug 2022, 5:01 am
As I mentioned last week, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. [read post]
4 Aug 2022, 6:30 am
I mean, we’re all stuck here for a while. [read post]
2 Aug 2022, 12:41 pm
“Regulating Social Media in the Free-Speech Ecosystem” 73 Hastings L.J. 1481 (2022) by ANUJ C. [read post]
1 Aug 2022, 3:30 am
L.J. 1337 (2021). [read post]
29 Jul 2022, 10:15 am
L.J.265 (2021-22).Prof. [read post]
24 Jul 2022, 6:45 am
As I am using the word "intentionalism," it refers to the view of statutory interpretation that prioritizes the will of the legislature as expressed in the legislative history of the statute. [read post]
24 Jul 2022, 5:00 am
Thomas L.J. 111 (2020): I imagine there are Navy Seals whose consciences prick them when they swim aboard an enemy’s base in the dead of night, slit the throats of guards on duty, retrieve a... [read post]
22 Jul 2022, 5:43 am
For nearly a century, Congress has required broadcasters to identify the sponsors or providers of broadcast programming airing on their stations.[1] Implicitly such identifications should be truthful and non-deceptive. [read post]
22 Jul 2022, 5:01 am
, and I thought I'd serialize it here, since I still have plenty of time to improve it; I'd love to hear your thoughts on it! [read post]
14 Jul 2022, 12:00 pm
It's Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353 (2022); I hope it's a useful resource for judges, lawyers, professors, students, and even pro se litigants. [read post]
12 Jul 2022, 2:26 pm
Reaves, The Point Isn't Moot: How Lower Courts Have Blessed Government Abuse of the Voluntary Cessation Doctrine, 129 Yale L.J. [read post]
6 Jul 2022, 2:15 pm
L.J. 557, 643-44 (1999). [read post]
6 Jul 2022, 7:02 am
Quickly, which of the following two actions most burdens the practice of religion: (a) Preventing a football coach from praying at the 50-yard line after a game? [read post]
30 Jun 2022, 3:30 am
L.J. 65 (2021). [read post]
26 Jun 2022, 6:00 am
L.J. 713, 751 (2011). [read post]
21 Jun 2022, 10:25 pm
I. [read post]
16 Jun 2022, 9:05 pm
[Editor’s Note: This post is based on a comment letter submitted to the U.S. [read post]
5 Jun 2022, 6:00 am
Nonetheless, I hope this exploration of the New Originalism has opened the door for further investigation. [read post]
3 Jun 2022, 1:07 pm
L.J. [read post]
31 May 2022, 9:05 pm
ENDNOTES [1] See Kobi Kastiel & Yaron Nili, The Corporate Governance Gap, 131 Yale L.J. [read post]
