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16 Jun 2020, 6:30 am
I think Professor McClain might answer, yes.Dale Carpenter is Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law at the SMU Dedman School of Law. [read post]
15 Jun 2020, 6:30 pm
[A ruling that Title VII protects gay and transgender employees may earn textualism strange new disrespect] Say what you will about the Supreme Court's decision today in Bostock v. [read post]
10 Jun 2020, 6:00 am
: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020).We have assembled a terrific group of commentators, including Cathleen Kaveny (Boston College), Dale Carpenter (SMU), Imer B. [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]
11 Jan 2020, 10:47 am
Dale Carpenter, the author, developed an interesting argument about the shape an "anti-animus" doctrine should take. [read post]
30 Dec 2019, 3:02 am
” [Dale Carpenter, SSRN and Volokh Conspiracy summary] “That unlimited right to lobby the lawmakers who make decisions that affect your life, your family, and your fortune is one that Sen. [read post]
2 Dec 2019, 7:45 am
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]
25 Oct 2019, 9:01 am
[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
., Dale Carpenter, and Jeff Kahn will serve as the clinic’s advisory committee. [read post]
11 Oct 2019, 4:01 pm
[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
” 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
[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, 9:03 am
., The Lessons of 1919 Dale Carpenter, Born... [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
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
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
[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
[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
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
.), 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]