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25 Oct 2019, 9:01 am by Dale Carpenter
[Almost a century ago, just as the modern First Amendment was born, a little-known gay-rights organization in Chicago emerged from its closet blinking into the daylight] In commemoration of the 100th anniversary of Schenck v. [read post]
18 Oct 2019, 8:00 am by Adam Faderewski
., Dale Carpenter, and Jeff Kahn will serve as the clinic’s advisory committee. [read post]
11 Oct 2019, 4:01 pm by Dale Carpenter
[A tool for viewpoint discrimination has an anti-LGBT history, too ] In a televised Democratic presidential forum on LGBT issues last night in Los Angeles, CNN's Don Lemmon asked Beto O'Rourke, "Do you think religious institutions like colleges, churches, charities – should they lose their tax-exempt status if they oppose same-sex marriage? [read post]
11 Oct 2019, 1:26 pm by Walter Olson
” Earlier on Bostock, Altitude Express, and Harris Funeral Home here, here, here, and here, and more from Dale Carpenter and Scott Shackford. [read post]
9 Oct 2019, 9:11 am by Dale Carpenter
[At oral argument yesterday, Judge Richard Posner took heat from all sides] Former Seventh Circuit Judge Richard Posner made a surprise appearance at oral argument in the Supreme Court yesterday. [read post]
7 Oct 2019, 8:16 am
Dale Carpenter, Southern Methodist University School of Law, has published Born in Dissent: Free Speech and Gay Rights at 72 SMU Law Review 375 (2019). [read post]
7 Oct 2019, 8:16 am by Christine Corcos
Dale Carpenter, Southern Methodist University School of Law, has published Born in Dissent: Free Speech and Gay Rights at 72 SMU Law Review 375 (2019). [read post]
29 Sep 2019, 11:34 am by Howard Friedman
Murphy, Philippines RH Act: Rx for Controversy Diatribe by Philippines’ President Turns Back the Clock, (September 16, 2019).James Rooney, International Human Rights as a Source of Unenumerated Rights: Lessons from the Natural Law, (September 5, 2019).Elias Al-Hihi & Asem Khalil, International Law within the Palestinian Legal System: A Call for Granting Human Rights Treaties a Special Constitutional Status, (September 13, 2019).Dale Carpenter, Born in Dissent: Free… [read post]
18 Sep 2019, 9:05 pm by Walter Olson
[Lindsay Walker, Cronkite News/Arizona PBS; Eugene Volokh and Dale Carpenter (filed with Cato in the case on behalf of the studio); earlier here, etc., and related] The latter part of the ruling does seem to result in a broader than usual reading of a state RFRA, because most state courts have declined to interpret the laws to provide very much protection for religious objectors in public-accommodation cases; their logic has been that reducing discrimination is a compelling state… [read post]
16 Sep 2019, 8:07 pm by Dale Carpenter
[Calligraphers win the right to refuse wedding invitations] Today the Arizona Supreme Court concluded that calligraphers cannot be compelled to personally write custom wedding invitations for marriages to which they object. [read post]
16 Sep 2019, 10:45 am by Eugene Volokh
I hope to post more about this soon; note that I cosigned an amicus brief in this case, together with the Cato Institute and fellow Volokh Conspiracy blogger Dale Carpenter. [read post]
26 Jun 2019, 8:39 am by Eugene Volokh
.), my student Jason Lawler, who worked on the brief, and my cosignatories on the brief: Minnesota (or former Minnesota) law professors Dale Carpenter, Raleigh Hannah Levine,  Michael Stokes Paulsen, and Gregory C. [read post]
15 Mar 2019, 2:44 pm by Matthew L.M. Fletcher
Kristen Carpenter Dean James Anaya John Echohawk Heather Whiteman Runs Him, Dalee Sambo Dorough, Nathaniel Brown Kristen Carpenter, James Anaya, Steven Moore, Greg JohnsonRob Williams Charles Wilkinson, Rebecca Tsosie, Kristen Carpenter Erika Yamada, Alexey Tsykatev, Cristina Coc, Tracey Whare, Kunihiko Yoshida Heather Whiteman Runs Him, Greg Bigler, Wenona Singel, Angela Riley, Carla Fredericks [read post]
5 Dec 2018, 7:25 am by Ilya Somin
Among my favorite books by VC authors are Randy Barnett's Restoring the Lost Constitution, David Bernstein's Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
24 Oct 2018, 3:05 am by Walter Olson
Supreme Court: Baker Doesn’t Have to Place Pro-Gay Marriage Message on Cake” [Dale Carpenter, Peter Tatchell, Lee v. [read post]
15 Jul 2018, 4:05 pm by INFORRM
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]
4 Jun 2018, 1:52 pm by Eugene Volokh
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]