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21 Jan 2023, 3:39 pm by Eugene Volokh
Smith, by Judges Joel Flaum, Ilana Rovner, and Michael Brennan: Appellants Darin and Jennifer Miller are both licensed foster home caretakers, and Jennifer Miller is licensed to operate a home day care. [read post]
26 Oct 2022, 6:58 am by INFORRM
On the one hand, the argument for the fragility of Sullivan after Bruen is examined in Alexander Hiland & Michael L Smith “Using Bruen to Overturn New York Times v Sullivan” 50 Pepperdine Law Review (forthcoming) (SSRN). [read post]
20 Jun 2022, 2:04 pm by Josh Blackman
So I will consider the separate question of whether this law would violate the pre-Smith framework from Sherbert v. [read post]
24 Jan 2022, 6:04 pm
  I am delighted to announce that the essays in Volume 16(1) of Emancipating the Mind: Bulletin of the Coalition for Peace & Ethics (Summer 2021) (ISSN 2689-0283 (Print); 2689-0291 (Online); ISBN 978-1-949943-06-1) are now available.This issue includes essays on Contemporary China--Heartland, Periphery, and Silk Roads. [read post]
27 Oct 2021, 6:21 am by Michael C. Dorf
So will amicus briefs, including one from me and other federal courts scholars (Erwin Chemerinsky, Barry Friedman, Leah Litman, and Fred Smith). [read post]
20 Jun 2021, 9:00 am by Eugene Volokh
Religious exemptions were thus still seen as a predominantly liberal cause; indeed, Justice Breyer, who joined the Court shortly after Smith, endorsed the old Brennan position in City of Boerne v. [read post]
22 Jan 2021, 8:26 am by Eugene Volokh
Stuart, 427 U.S. 539, 609 (1976) (Brennan, J., concurring) ("[I]t is the hypothesis of the First Amendment that injury is inflicted on our society when we stifle the immediacy of speech. [read post]
17 Nov 2020, 11:23 am by rainey Reitman
Obama, EFF Explains Why Metadata Matters and the Third-Party Doctrine Doesn’t (EFF) NSA Spying (EFF’s landing page re NSA spying and their use of metadata) EFF cases in relation to NSA spying and metadata in order of file date: Hepting v AT&T Jewel v NSA First Unitarian v NSA Smith v Obama Win! [read post]