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25 Sep 2017, 11:52 am
"How First Amendment Speech Doctrine Ought to Be Created and Applied in the Colorado Baker/Gay Wedding Dispute at the Supreme Court": Law professors Vikram David Amar and Alan E. [read post]
With all the discussion these days over what public universities and municipalities can and should be doing to handle large, raucous rallies and protests without sacrificing public health and safety, one topic that has been mentioned but not often thoroughly analyzed is what the rules are, or ought to be, when a boisterous and angry crowd “shouts down” a speaker. [read post]
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
The blockbuster movie The Post tells a very important real-life story about the efforts of the journalists and leaders of the Washington Post (including Katherine Graham, the first female head of a major American newspaper) and the New York Times to publish parts of a collection of classified documents (the “Pentagon Papers”) detailing non-public information about America’s controversial involvement in the Vietnam War. [read post]
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
Tornillo (striking down a Florida law mandating that a newspaper give space in the paper to political candidates who have been criticized by the newspaper to respond); PG&E v. [read post]
6 Aug 2018, 4:00 am by Howard Friedman
., Cambridge University Press, 2018)).Guillem Riambau, Clin Lai, Boyu Lu Zhao & Jean Liu, Legal Origins, Religion and Health Outcomes: A Cross-Country Comparison of Organ Donation Laws,(July 24, 2018).Geoffrey Swenson, Legal Pluralism in Theory and Practice, (International Studies Review, 2018).Alan E. [read post]
’Tis the season to begin looking carefully at the Supreme Court’s 2014–2015 docket, now that the Justices have returned from their summer recess and are hearing cases again. [read post]
One of the most contentious cases of the Supreme Court’s term has been Masterpiece Cakeshop, Ltd. v. [read post]
15 Jan 2013, 4:05 am by Howard Friedman
Conkle, Constitutional Law - The Religion Clauses, 2d (Turning Point Series)  (Foundation Press, 2009).Alan E. [read post]
13 Oct 2014, 4:05 am by Howard Friedman
., Comment on the Definition of ‘Eligible Organization’ for Purposes of Coverage of Certain Preventive Services under the Affordable Care Act, (October 8, 2014).Alan E. [read post]
14 May 2020, 9:01 pm by Vikram David Amar
An important case pending before the Supreme Court may provide important guidance on the question whether the Equal Protection Clause prohibits states from denying government subsidies to religious organizations who will use the funds for religious purposes. [read post]
14 Apr 2014, 4:10 am by Howard Friedman
Garnett, Paul Horwitz, Frederick Mark Gedicks, Andrew Koppelman, Patrick McKinley Brennan, Alan Brownstein, Thomas C. [read post]
2 May 2011, 4:05 am by Howard Friedman
The Juristic Person and Faithful Love, (International Journal of the Jurisprudence of the Family, Forthcoming).Alan E. [read post]
20 Dec 2010, 4:00 am by Howard Friedman
Blitt, Russia’s "Orthodox" Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, (December 14, 2010).Alan E. [read post]