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4 Jun 2018, 1:52 pm
As I've mentioned, the main question raised in Masterpiece Cakeshop had to do with the Free Speech Clause, and the prohibition on "compelled speech": Would requiring a baker to make a wedding cake for a same-sex wedding (even one without specific wording or symbolism, such as a rainbow design) be compelling the baker to engage in speech, and thus violate the First Amendment? [read post]
6 Mar 2018, 9:53 am
As readers of the blog know, Dale Carpenter and I filed an amicus brief opposing the cakemaker's First Amendment claim in Masterpiece Cakeshop (though we would support similar claims by photographers or freelance writers). [read post]
29 Feb 2012, 5:54 am
bit.ly/xL3AWv (Cat Casey) Judge Peck Issues Opinion on Computer-Assisted Review - bit.ly/wA6J26 (Monica Bay) Judge Orders Twitter User’s Identity Revealed In Bachmann Threat Investigation - bit.ly/yGOWPB (Mike Scarcella) Judge Peck’s Predictive Coding Game-Changer – bit.ly/zBqfuu (Craig Carpenter) LegalTech New York 2012 – A New Zealand Perspective - bit.ly/yOKGFl (Andrew King) New York State Reaffirms Influence of… [read post]
4 Apr 2012, 6:39 am
eDiscovery And Spoliation In The Age of Social Media - bit.ly/HP0jVf (Jana Landon) ISPs Must Turn Over Customer Names in Porn File-Sharing Suit - bit.ly/Hm7kyp (Saranac Hale Spencer) Judge David Waxse on Cooperation and Lawyers Who Act Like Spoiled Children - bit.ly/HL1inK (Ralph Losey) Judge Peck Asks Plaintiffs To Reconsider Approach To Litigation (PDF) - http://bit.ly/HQvSKQ (USDC SDNY) Keyword Searches: Great Expectations (and Reality)… [read post]
14 May 2024, 10:27 am
There have been some viewpoint-based denials in the past (see Dale Carpenter's post for some examples), but these precedents pretty categorical forbid such denials. [2.] [read post]
2 Dec 2022, 9:57 am
Dale Carpenter of SMU Dedman School of Law, urges the justices to adopt a rule that, they say, will strike a balance between respecting the rights of LGBTQ people and protecting freedom of speech. [read post]
29 Aug 2011, 2:16 pm
The inflexible winner-takes-all character of the Maine statute naturally elicited the question raised by Professor Dale Carpenter the next morning: would “includ[ing] broader protection for religious liberty in the legislature’s [same-sex marriage] bill” have made a difference? [read post]
26 May 2020, 9:01 pm
Yet as Professor Dale Carpenter discovered in researching his 2012 book Flagrant Conduct, the protagonists in Lawrence were not in a lasting relationship with one another (and probably did not have sex with one another). [read post]
8 Dec 2010, 4:57 am
http://tinyurl.com/2a93gv4 (Robert Unterberger) International eDiscovery, Sanctions, Ethics and US-UK Comparisons at Georgetown - http://tinyurl.com/25yj3gt (Chris Dale) Keyword Searches not Good Enough for eDiscovery, Experts Say - http://tinyurl.com/232mkh9 (Cindy Waxer) Lateral Moves, Court Rulings Spotlight E-Discovery - http://tinyurl.com/2ffcjwc (Gina Passarella) Legislators, Regulators Consider 'Do Not Track' Mechanism - http://tinyurl.com/2d28p3m (Lora Bentley) Moody v. [read post]
20 Dec 2017, 2:41 am
The Importance of Carpenter v. [read post]
16 Jan 2015, 3:12 pm
(Note that Dale Carpenter has written that one purpose of the anti-animus principle in equal protection law is to “check[] the tendency of legislative majorities to be vindictive. [read post]
29 Sep 2015, 8:36 am
As the story unfolds and details the Korematsu litigation, Cash is faced with exactly that decision – one that certainly calls to mind Dale Carpenter’s account of Lawrence v. [read post]
25 Mar 2007, 4:00 pm
Dale Carpenter at Volokh here opines that the appointment of fewer academics to the bench since the failed Bork appointment may be a factor. [read post]
16 Aug 2011, 7:08 am
In Massachusetts, as Dale Carpenter has noted, “[g]ay couples could still adopt through dozens of other private agencies or through the state child-welfare services department itself. [read post]
15 Jul 2018, 4:05 pm
On Wednesday 18 July 2018, Mr Justice Mann will hand down his eagerly awaited reserved judgment the case of Sir Cliff Richard v BBC. [read post]
26 May 2009, 1:53 pm
Supreme Court could have disastrous consequences.05/27/09 Volokh ConspiracyUniversity of Minnesota law professor law professor Dale Carpenter says that "even if he supported gay marriage, Olson struck me as the kind of conservative who would reject what many conservatives would regard as judicial activism. [read post]
30 Jul 2012, 5:00 am
Putting together a list of all law faculty blogs and law faculty bloggers is a surprisingly difficult task. [read post]
9 Jul 2010, 12:27 am
That's about as provocative a post title as I could think of for a more detailed report on the more interesting of the two cases issued yesterday striking down the Federal Defense of Marriage Act, Commonwealth of Massachusetts v. [read post]
5 Apr 2010, 7:09 pm
In March of 2010, the Minnesota Legislative Reference Library updated its "Same-Sex Marriage in Minnesota" resource. [read post]
1 Jun 2012, 7:02 am
Carpenter, Kristen A., Matthew L.M. [read post]
