Search for: "Smith v. Brennan" Results 1 - 20 of 154
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11 Jun 2023, 9:14 pm by Josh Blackman
Thornburg (1986), the worst excesses of William Brennan's anti-textualism. [read post]
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]