Search for: "Nelson Tebbe and Micah Schwartzman" Results 21 - 40 of 56
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15 Apr 2019, 4:00 am by Howard Friedman
Hardee, Micah Schwartzman, Nelson Tebbe, Richard Schragger. 106 Kentucky Law Journal 535-812 (2017-2018).John Eidsmoe, Those Ten Commandments: Why Won't They Just Go Away? [read post]
3 Jul 2020, 10:26 am by NCC Staff
The Separation of Church and State Is Breaking Down Under Trump By Micah Schwartzman, Hardy Cross Dillard Professor of Law and Director of the Karsh Center for Law and Democracy, University of Virginia School of Law; Richard Schragger, Perre Bowen Professor of Law, University of Virginia School of Law; Nelson Tebbe, Jane M.G. [read post]
22 Jan 2015, 3:11 pm by Guest Blogger
Micah Schwartzman, Richard Schragger, and Nelson TebbeIn Holt v. [read post]
27 Apr 2015, 4:00 am by Howard Friedman
Smith; responses by Andrew Koppelman, Paul Horwitz and Nelson Tebbe; reply by Steven D. [read post]
5 Dec 2013, 8:58 am by Rick Garnett
I should note that I do not deal in the piece with the argument -- pressed eloquently (natch) in this Slate essay by Nelson Tebbe and Micah Schwartzman -- that it would violate the Establishment Clause to accommodate, under RFRA, an employer like Hobby Lobby. [read post]
21 Sep 2020, 4:00 am by Howard Friedman
 From SSRN:Michael Conklin, Andrew Koppelman's Proposal: A Lose-Lose Solution for Religious Liberty and Gay Rights (August 2020).Nelson Tebbe & Micah Schwartzman, Re-upping Appeasement: Religious Freedom and Judicial Politics in the 2019 Term, Virginia Public Law and Legal Theory Research Paper No. 2020-68 (2020)).Netta Barak Corren, Taking Conflicting Rights Seriously,  (Villanova Law Review, Vol. 65, No. 2, 2020).John Ip, The Travel Ban,… [read post]
2 Feb 2017, 12:08 pm by Benjamin Wittes
Nelson Tebbe, Richard Schragger and Micah Schwartzman, How Trump’s Executive Order on Immigration Violates Religious Freedom Laws (includes Religious Freedom Restoration Act)   How Upcoming Supreme Court Decisions May Impact Trump’s Immigration Policies Steve Vladeck, The Muslim Ban, Judicial Review, and the Supreme Court Steve Vladeck, The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border” Steve… [read post]
16 Oct 2014, 5:30 am by Guest Blogger
Nelson Tebbe is Professor of Law at Brooklyn Law School and Visiting Professor of Law at Cornell Law School. [read post]
30 Mar 2014, 5:04 am by Guest Blogger
Nelson Tebbe, Richard Schragger, and Micah Schwartzman On Thursday, Michael McConnell offered his current thoughts on the Hobby Lobbycase. [read post]
23 Jul 2013, 4:00 am by Paul Horwitz
Both Brian Leiter and Micah Schwartzman have questioned from a philosophical perspective whether the distinctive treatment of religion is capable of coherent justification. [read post]
27 Nov 2013, 11:05 am by Guest Blogger
Micah Schwartzman, Richard Schragger, and Nelson TebbeYesterday the Supreme Court granted certiorari in Sebelius v. [read post]
4 Dec 2013, 3:04 pm by Guest Blogger
Nelson Tebbe, Richard Schragger, and Micah SchwartzmanLast week, we argued hereand elsewherethat a basic constitutional issue has been overlooked in the religious freedom challenge to the contraception mandate. [read post]
5 Mar 2018, 6:35 am by Nelson Tebbe
Nelson Tebbe, Micah Schwartzman, and Richard SchraggerWe have been arguing that the Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties. [read post]
5 Mar 2018, 6:35 am by Nelson Tebbe
Nelson Tebbe, Micah Schwartzman, and Richard SchraggerWe have been arguing that the Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties. [read post]
25 May 2017, 1:30 pm by Corey Brettschneider
He contended that, under Mandel and subsequent cases interpreting it, all the government need show in the immigration context is a “rational basis” for its actions, rather than the more demanding showing required under traditional Establishment Clause doctrine.But this analysis invites, rather than disavows, application of the animus doctrine that the Supreme Court developed in cases like Lukumi—and that I argued in an earlier essay in Politico and… [read post]
6 May 2014, 6:52 am by Guest Blogger
Richard Schragger, Micah Schwartzman, and Nelson TebbeThe Court has decided the first of two anticipated blockbuster religion clause cases this term. [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]