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25 Mar 2024, 4:00 am by Howard Friedman
., Churching NIMBYs: Creating Affordable Housing on Church Property, (Yale Law Journal, Vol. 133, No. 4, 2024).Nelson Tebbe, Does Dobbs Reinforce Democracy? [read post]
26 Feb 2024, 4:00 am by Howard Friedman
Sullivan, After Groff, (January 20, 2024).Richard Schragger, Micah Schwartzman & Nelson Tebbe, Reestablishing Religion, (91 U. [read post]
21 Feb 2024, 8:55 am by Lawrence Solum
Richard Schragger (University of Virginia School of Law), Micah Schwartzman (University of Virginia School of Law), & Nelson Tebbe (Cornell Law School) has posted Reestablishing Religion (91 U. [read post]
31 May 2023, 5:01 am by Rick Garnett
Two leading scholars of American law and religion, Micah Schwartzman and Nelson Tebbe, have proposed a reading of that work in which Justice Breyer's defections from "liberal" colleagues' strict-separationist dissents are evaluated as instances of "appeasement. [read post]
30 May 2023, 5:13 am by Rick Garnett
In my contribution to the symposium, I disagree with an interpretation of his departures, developed primarily by Nelson Tebbe and Micah Schwartzman, that chalks them up to a "strategy of judicial appeasement. [read post]
1 Nov 2022, 5:00 pm by LII Team
Castro-Huerta and Professors Nelson Tebbe & Michael Heise who lent their expertise to the winning Preview, as well as to all the faculty at Cornell Law School who graciously share their time and their knowledge with LII students as they seek to understand the issues, arguments, and ramifications of each case argued before the Supreme Court and then share those insights with readers of our Supreme Court Bulletin service. [read post]
18 Aug 2022, 5:01 am by Andrew Koppelman
Nelson Tebbe observes that this was different from earlier versions of MFN, because Kavanaugh "did not require the church to show that the exempted and regulated categories were comparable in order to shift the burden of justification to the government. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
20 Apr 2022, 8:55 am by Lawrence Solum
Nelson Tebbe (Cornell Law School) & Micah Schwartzman (University of Virginia School of Law) have posted The Politics of Proportionality (120 Michigan Law Review 1307 (2022)) on SSRN. [read post]
1 Apr 2022, 4:00 am by Michael C. Dorf
Not yet, Prof Garnett acknowledges, but in what my colleague Nelson Tebbe (who writes a short reply essay in the symposium) describes as "Garnett's boldest intellectual maneuver," he offers a "how-to guide for anti-cloxxers":In Joshua 10:12, God makes the sun and moon stand still in the sky so that the Israelites can finish the job of slaying their Amorite enemies. [read post]
7 Mar 2022, 4:00 am by Howard Friedman
From SSRN:Mark Rienzi, Religious Liberty and Judicial Deference, (Notre Dame Law Review, 2022).Sherif Girgis, Defining 'Substantial Burdens' on Religion and Other Liberties, (August 26, 2021).Netta Corren Barak, Yoav Kan-Tor, & Nelson Tebbe, Examining the Effects of Antidiscrimination Laws on Child Welfare: Law on the Books, (February 25, 2022).Bradley J. [read post]
10 Jan 2022, 4:00 am by Howard Friedman
Sager & Nelson Tebbe, Discriminatory Permissions and Structural Injustice, (Minnesota Law Review, Vol. 106, p. 803, 2021).Eric R. [read post]
6 Dec 2021, 4:05 am by Howard Friedman
From SSRN:Nelson Tebbe, The Principle and Politics of Liberty of Conscience,  Harvard Law Review, Vol. 135, p. 267, 2021.Robert Forster & Christine Bell, Divine Intervention: Invoking God in Peace Agreements, (in J. [read post]
5 Aug 2021, 8:05 am by Steve Shiffrin
My colleague Nelson Tebbe has a brilliant article forthcoming in the Harvard Law Review. [read post]
19 Jul 2021, 4:05 am by Howard Friedman
(July 9, 2021)).Nelson Tebbe, The Principle and Politics of Equal Value, (Columbia Law Review, Forthcoming).Nakul Nayak, Constitutional Morality: An Indian Framework,  (American Journal of Comparative Law (forthcoming)).From SmartCILP:Kristen A. [read post]
6 Jul 2021, 8:10 am by Eugene Volokh
, Verdict (Apr. 14 2021), https:‌//‌perma.cc/‌D7AB-8Z4M. [43] Genevieve Lakier & Nelson Tebbe, After the "Great Deplatforming": Reconsidering the Shape of the First Amendment, Law & Political Economy [LPE] Project (Mar. 1. 2021), https:‌//‌perma.cc/‌56F3-KMBE. [44] Id. [45] Rebecca Tushnet had long before likewise expressed some concern about excessive intermediary power. [read post]
1 Mar 2021, 10:05 am by mferzige
Lakier on "The Great Deplatforming" and the First Amendment mferzige Mon, 03/01/2021 - 12:05 Read more about Lakier on "The Great Deplatforming" and the First Amendment Law & Political Economy Project Genevieve Lakier and Nelson Tebbe President Trump After the “Great Deplatforming”: Reconsidering the Shape of the First Amendment [read post]
23 Nov 2020, 1:47 pm by Eugene Volokh
Here it is, brought to you be the University of Texas Law School's Bech-Loughlin First Amendment Center: Here's the UT summary: Free Speech and Economic Justice: A Conversation with Law Professors Nelson Tebbe and Eugene Volokh Join Professors Nelson Tebbe (Cornell Law) and Eugene Volokh (UCLA Law) for a conversation regarding how and whether current applications of free speech doctrines affect disparities in income, wealth, and other goods; whether… [read post]
16 Nov 2020, 4:00 am by Howard Friedman
Ryan, Framing Individualized Sentencing for Politics and the Constitution, (American Criminal Law Review, Forthcoming).Nelson Tebbe, A Democratic Political Economy for the First Amendment, (105 Cornell Law Review 959 (2020)).Elijah Zachary Granet & Frank Cranmer, Re S (Parental Alienation: Cult), ([2020] LAW & JUSTICE 118).Marina Lostal, Islamic State and the Illicit Traffic of Cultural Property, (The International Criminal Responsibility of War’s Funders and… [read post]