Search for: "Eugene Scalia"
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28 Feb 2022, 1:28 pm
For instance, Justice Scalia, who had often faulted the Court in free speech cases where he thought anti-abortion speech was being treated unfairly, was in the majority in Frisby; Justices Brennan and Marshall, strong supporters of abortion rights, dissented; none of them seemed swayed by the speakers' ideology. [read post]
1 Feb 2022, 3:18 pm
Justice Scalia, writing for the majority, explained that "[f]rom 1791 to the present, [ ] our society, like other free but civilized societies, has permitted restrictions upon the content of speech in a few limited areas, which are 'of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.'" Obscenity is one of those few limited areas whose restriction is subject to a… [read post]
31 Jan 2022, 10:47 am
Sincerely, Eugene Volokh, Gary T. [read post]
29 Jan 2022, 8:06 am
Some have said that Justice Scalia was appointed partly because he was Italian-American, though that's less clear, and was certainly less part of the public political calculus. [read post]
19 Jan 2022, 4:43 am
She then was admitted to ASSLaw — otherwise known as George Mason University’s Antonin Scalia Law School, for the uninitiated — and will graduate this semester. [read post]
18 Jan 2022, 11:34 am
As usual, Lat puts it very well in his "Original Jurisdiction" Substack newsletter (I've paid for a subscription, and highly recommend it): Last fall, [Chief Judge Pryor] was widely criticized for hiring an allegedly racist law clerk—specifically, Crystal Clanton, now a 3L at George Mason aka Scalia Law. [read post]
14 Jan 2022, 5:40 pm
” Eugene Scalia has this essay online at The Wall Street Journal. [read post]
10 Jan 2022, 11:42 am
” The issue also contains a Note titled “Textualism’s Mistake,” which begins, “In 1920, seventeen-year-old Salvatore Eugene Scalia arrived in the United States from Italy with his family. [read post]
20 Dec 2021, 6:01 am
For example, "a teacher may, without fear of personal liability, 'assign students to write 'opinions' showing how Justices Ginsburg and Scalia would analyze a particular Fourth Amendment question.'" But no legitimate pedagogical interest is served by forcing students to agree with a particular political viewpoint, or by punishing those who refuse. [read post]
21 Oct 2021, 4:00 am
Clanton eventually enrolled in the Antonin Scalia Law School (formerly George Mason), and recently was hired by Judge Pryor as a law clerk upon graduation. [read post]
6 Oct 2021, 2:31 pm
From Judge James Ho's one-judge motions opinion yesterday in Lefebure v. [read post]
20 Sep 2021, 6:01 am
But as Justice Scalia explained in Casey, "'reasoned judgment' does not begin by begging the question, as Roe and subsequent cases unquestionably did by assuming that what the State is protecting is the mere 'potentiality of human life.'" Having ruled out our legal tradition's resolution of this disputed question, Roe foisted on the states its own novel theory: at the earliest, fetal life becomes human life at viability. [read post]
23 Aug 2021, 5:01 am
Ohio Elections Com'n (1995) (dissenting opinion of Justice Scalia) ("I am sure, however, that … a person who is required to put his name to a document is less likely to lie than one who can lie anonymously …"); and Charles Doskow, Peek-a-boo I see you: The Constitution, Defamation Plaintiffs, and Pseudonymous Internet Defendants, 5 Fla. [read post]
22 Jul 2021, 1:56 pm
To quote Justice Scalia in Morrison v. [read post]
13 Jul 2021, 6:30 am
Lawyers who had worked in the Reagan Justice Department, typically former clerks of Justice Scalia, invented its legal foundations. [read post]
13 Jul 2021, 5:05 am
Another excerpt from the First Amendment section of my Social Media as Common Carriers? [read post]
7 Jul 2021, 7:57 am
And I think all of us need to have an inner Justice Stevens and Rehnquist and Brennan and Scalia (all at once) and more. [read post]
20 Jun 2021, 9:00 am
[How (many but not all) conservative Justices came to embrace Justice Brennan's position and reject Justice Scalia's, and vice versa for the liberals.] [read post]
17 Jun 2021, 8:11 am
Smith (1990), the Court (in an opinion by Justice Scalia), held that no such exemptions from neutral, generally applicable government actions are generally not constitutionally required. [read post]
7 Jun 2021, 7:22 am
Robert Leider of the Georgia Mason University (Antonin Scalia) Law School will be guest-blogging this week about his new article, The Modern Common Law of Crime; here is the Abstract: Two visions of American criminal law have emerged. [read post]
