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Articles 1 - 6 of 6
Full-Text Articles in Law
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
Popular Media
No abstract provided.
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
Popular Media
No abstract provided.
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
Popular Media
With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Popular Media
No abstract provided.
Smith's Last Stand? Free Exercise And Foster Care Exceptionalism, James G. Dwyer
Smith's Last Stand? Free Exercise And Foster Care Exceptionalism, James G. Dwyer
Faculty Publications
Part I first situates Fulton [Fulton v. City of Philadelphia] within two broader contexts—the clash between social equality rights for sexual minorities and religious freedom, and a pattern of eliding children from legal contests over their lives. It then explains why the standard constitutional framing of social equality versus religious freedom contests is improper when the state is acting as guardian and proxy for children or other non-autonomous persons. Part II sets out a proper framework for analyzing these conflicts, elucidating the scope and nature of the state’s parens patriae authority—a lacuna in constitutional jurisprudence. Part III applies …
Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker
Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker
Faculty Publications
Qualified immunity has become a central target of the movement for police reform and racial justice since George Floyd’s murder. And rightly so. Qualified immunity, which shields government officials from damages for constitutional violations even in many egregious cases, should have no place in federal law. But in critical respects, qualified immunity has become too much a focus of the conversation about constitutional-enforcement reform. The recent reappraisal offers unique opportunities to explore deeper problems and seek deeper solutions.
This Article argues that the public and policymakers should reconsider other aspects of the constitutional-tort system—especially sovereign immunity and related protections for …