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Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman Sep 2019

Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith Sep 2019

The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith

BYU Law Review

No abstract provided.


Keynote Address: Staying Afloat And Engaged In Today's Flooded Marketplace Of Speech, Michael Y. Scudder Jun 2019

Keynote Address: Staying Afloat And Engaged In Today's Flooded Marketplace Of Speech, Michael Y. Scudder

Notre Dame Law Review

The contributions to this Symposium cover substantial ground, address important issues, and offer much to react to. This Symposium, I submit, also occurs at a time of significance for the First Amendment in the Supreme Court. Perhaps the Court’s most fervent and consequential defender of free speech, Justice Anthony Kennedy, has retired. His impact on American constitutional law was enormous, including, in my view, in the area of free speech. I had the privilege of clerking for Justice Kennedy, admire him deeply as judge and person, and want to offer some reflections on what I see as a few of …


Curating Campus Speakers, Henry L. Chambers Jr. May 2019

Curating Campus Speakers, Henry L. Chambers Jr.

University of Richmond Law Review

Curation—the picking and choosing of materials for pedagogical reasons—regularly occurs on college campuses both inside and outside of the classroom. This brief essay explains that curation in two contexts. Part I discusses the curation of courses inside the classroom. Part II discusses the curation of campus speakers outside the classroom. Though applied to different topics, the process of curation is similar in both contexts. Considering both forms of curation can help illuminate and resolve some of the most important issues underlying the debate regarding controversial campus speakers.


The First Amendment And The Great College Yearbook Reckoning, Maryann Grover May 2019

The First Amendment And The Great College Yearbook Reckoning, Maryann Grover

University of Richmond Law Review

I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how …


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


An Incomplete Masterpiece, Chad Flanders, Sean Oliveira Jan 2019

An Incomplete Masterpiece, Chad Flanders, Sean Oliveira

All Faculty Scholarship

The recent wave of popular and academic commentary on Masterpiece Cakeshop sounded a common theme: disappointment, even frustration. Masterpiece was held out as a case that was finally going to explain and resolve the conflicts between free expression, free exercise, and discrimination that were coming up again and again in the lower courts. But Justice Kennedy, the critical consensus went, avoided reaching many of the main First Amendment issues in the case and had instead ruled narrowly, giving us a prime example of"judicial minimalism:•

This assessment may be far too generous. In our short Article, we make the case that …