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Full-Text Articles in Legal History

States Rights > Gay Rights, Kent Greenfield Mar 2013

States Rights > Gay Rights, Kent Greenfield

Kent Greenfield

By now you've heard from the various news sources that, in this week’s Supreme Court arguments on California's Proposition 8 and the Defense of Marriage Act, a majority of justices expressed skepticism over both. So it's imaginable—even probable, if you believe the news—that we will find ourselves at the end of June with DOMA in the junk pile and marriage equality back on the books in California.

But don't put the pink champagne on ice just yet. In both days of argument, the justices spent an extraordinary amount of time dealing with knotty procedural issues. Both cases are complicated by …


Weird Friends Of The Court, Kent Greenfield Mar 2013

Weird Friends Of The Court, Kent Greenfield

Kent Greenfield

If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.

On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex marriage are unconstitutional. The parties are …


The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield Feb 2013

The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield

Kent Greenfield

The gun crowd is so paranoid about the erosion of their Second Amendment rights that they make Chicken Little look like an actuary.

The president’s recent gun proposals include initiatives such as expanded background checks, a ban on certain military-type rifles, and limits on the size of magazines. But if you listen to the gun folks, even these tepid proposals are—to quote a past president of the National Rifle Association—“unconstitutional schemes to gut the Second Amendment.” Iowa Senator Charles Grassley accused Obama of thinking “the Second Amendment can be tossed aside.” Any skeptical glance in the direction of that Glock …


Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield Sep 2012

Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield

Kent Greenfield

No abstract provided.


A New Strategy To Fight Citizens United, Kent Greenfield Sep 2012

A New Strategy To Fight Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Control The Corporation Conference, Kent Greenfield Apr 2012

Panelist, Control The Corporation Conference, Kent Greenfield

Kent Greenfield

Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/


Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield Mar 2012

Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield

Kent Greenfield

No abstract provided.


Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield Mar 2012

Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield

Kent Greenfield

No abstract provided.


Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield Jan 2012

Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield

Kent Greenfield

No abstract provided.


How To Make The 'Citizens United' Decision Worse, Kent Greenfield Jan 2012

How To Make The 'Citizens United' Decision Worse, Kent Greenfield

Kent Greenfield

No abstract provided.


The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield Nov 2011

The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield

Kent Greenfield

No abstract provided.


The Herman Cain Blame Game, Kent Greenfield Oct 2011

The Herman Cain Blame Game, Kent Greenfield

Kent Greenfield

No abstract provided.


Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield Sep 2011

Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield

Kent Greenfield

Professor Kent Greenfield’s newest release, The Myth of Choice: Personal Responsibility in a World of Limits (Yale University Press), is a broad-reaching view of the dynamics of choice.

Greenfield’s book begins with his knowledge of law and then ranges widely, tapping areas as diverse as sociology, the study of brain activity, and religious freedoms. He draws on scholarly commentary, news reports, political research polls and his own life decisions to complete the picture of choice and its many dimensions. Examining choice and its influence on public policy and legal theory, The Myth of Choice serves as a catalyst to challenge …


When Kids Are Left In Cars: Blame The Brain, Kent Greenfield Sep 2011

When Kids Are Left In Cars: Blame The Brain, Kent Greenfield

Kent Greenfield

No abstract provided.


Constitution Day, Happy Illegal Holiday!, Kent Greenfield Sep 2011

Constitution Day, Happy Illegal Holiday!, Kent Greenfield

Kent Greenfield

No abstract provided.


The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield Jul 2011

The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield

Kent Greenfield

No abstract provided.


Reforming Limited Liability Law, Kent Greenfield Jun 2011

Reforming Limited Liability Law, Kent Greenfield

Kent Greenfield

No abstract provided.


The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield Jun 2011

The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield

Kent Greenfield

No abstract provided.


France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield Jun 2011

France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield

Kent Greenfield

No abstract provided.


Obama, Libya, And Executive Power, Kent Greenfield May 2011

Obama, Libya, And Executive Power, Kent Greenfield

Kent Greenfield

No abstract provided.


12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield Apr 2011

12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield

Kent Greenfield

No abstract provided.


The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield Mar 2011

The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield

Kent Greenfield

No abstract provided.


Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield Mar 2011

Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield

Kent Greenfield

No abstract provided.


What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield Feb 2011

What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield

Kent Greenfield

No abstract provided.


The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield Dec 2010

The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield

Kent Greenfield

Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?

In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for …


The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield Jul 2010

The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.


Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield Apr 2010

Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield

Kent Greenfield

No abstract provided.


A Campaign Funding Mess, Kent Greenfield Jan 2010

A Campaign Funding Mess, Kent Greenfield

Kent Greenfield

No abstract provided.


A Way Out Of The Citizens United Mess?, Kent Greenfield Jan 2010

A Way Out Of The Citizens United Mess?, Kent Greenfield

Kent Greenfield

No abstract provided.


The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield Jul 2009

The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.