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28 Mar 2022, 5:24 pm by Mark Movsesian
As my colleague Marc DeGirolami has argued, tradition is an often-overlooked factor in many constitutional doctrines, very much including the Court's establishment and free exercise jurisprudence. [read post]
21 Jan 2022, 1:48 pm by Mark Movsesian
For more thoughts on the case, my colleague, Marc DeGirolami, and I have recorded a podcast episode, which you can find here. [read post]
15 Nov 2021, 12:18 am by Orin S. Kerr
As Marc DeGirolami put the point, originalism was understood as a theory of interpretation, while stare decisis was understood as a theory of adjudication. [read post]
26 Apr 2021, 2:28 pm by Mark Movsesian
My colleague Marc DeGirolami and I discuss all this, as well as other aspects of City of God, in our most recent episode of Legal Spirits, our podcast series on issues in law and religion. [read post]
9 Feb 2021, 6:42 am by Mark Movsesian
In our new Legal Spirits podcast, my colleague Marc DeGirolami and I explore the religious imagery at the Biden inauguration and reflect on what it suggests about contemporary American politics, particularly about the rise of what some commentators call the "Religious Left. [read post]
11 Jan 2021, 7:32 am by Howard Friedman
 From SSRN:Jake Young, Qualified Immunity and Religious Liberty (December 10, 2020).Marc O. [read post]
7 Jan 2021, 7:37 am by tortsprof
Marc DeGirolami has posted to SSRN Reconstructing Malice in the Law of Punitive Damages. [read post]
14 Dec 2020, 7:20 am by Mark Movsesian
" In our latest Legal Spirits podcast, my colleague Marc DeGirolami and I discuss the Court's most decision in the Brooklyn litigation and its implications for similar cases and for our culture wars generally. [read post]
9 Nov 2020, 1:07 pm by Mark Movsesian
As my colleague Marc DeGirolami and I explain in a new Legal Spirits podcast, last week's argument was a bit perplexing. [read post]
24 Oct 2020, 12:44 pm by Mark Movsesian
In a recent episode of our Legal Spirits podcast series, my colleague Marc DeGirolami and I interview Duke classicist Jed Atkins about Christians in late Rome (Augustine and Tertullian, for example) and their thoughts on religious tolerance. [read post]
24 Oct 2020, 12:44 pm by Mark Movsesian
In a recent episode of our Legal Spirits podcast series, my colleague Marc DeGirolami and I interview Duke classicist Jed Atkins about Christians in late Rome (Augustine and Tertullian, for example) and their thoughts on religious tolerance. [read post]
15 Oct 2020, 5:58 am by Mark Movsesian
And, as my colleague Marc DeGirolami has explained, her writings about stare decisis—the idea that judges should stick to decided cases and not overrule them, even if judges think those cases are wrong—are well within the American legal tradition. [read post]
11 Sep 2020, 2:47 pm by Mark Movsesian
John's this year, my colleague Marc DeGirolami and I recorded a Legal Spirits podcast on the 1966 film, "A Man for All Seasons. [read post]
2 Sep 2020, 10:22 am by Howard Bashman
“Integrating Originalism and Stare Decisis”: Marc O. [read post]
3 May 2020, 6:58 am by Derek T. Muller
Again, at a superficial level, Jesus is offering a distinction between the two in His answer; but His answer only makes sense, I think, in that he converts the either/or into a both/and.Third, the opinion uses the phrase by defaulting to, as Professor Marc DeGirolami says, “plenipotentiary powers” of the state, then asking whether Christians are exempt from those powers. [read post]
2 May 2020, 9:50 pm by Josh Blackman
Marc DeGirolami provides the Catholic perspective at Mirror of Justice: Consider religious observance. [read post]
5 Feb 2020, 1:49 pm by Mark Movsesian
For those who are interested, my colleague Marc DeGirolami and I have recorded a new episode for our Legal Spirits podcast series on last month's oral argument in the Blaine Amendments case, Espinoza v. [read post]