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Articles 31 - 60 of 101
Full-Text Articles in Law
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Popular Media
No abstract provided.
'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin
'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin
Popular Media
No abstract provided.
The Real Danger Of Guns In Schools, Sonja R. West
The Real Danger Of Guns In Schools, Sonja R. West
Popular Media
This article that first appeared at Slate.com on March 22, 2016, looks at Georgia's "Campus Carry" Legislation. This legislation permits "any [firearm] license holder when he or she is in or on any building or real property owned by or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education."
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.
How Merrick Garland Could Help Heal America, Jeffrey Bellin
How Merrick Garland Could Help Heal America, Jeffrey Bellin
Popular Media
No abstract provided.
The First Amendment And The World, Timothy Zick
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
Popular Media
This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.
The Second Amendment Is Not Absolute, Sonja R. West
The Second Amendment Is Not Absolute, Sonja R. West
Popular Media
This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.
Guerrilla Warfare And The Constitution, Sonja R. West
Guerrilla Warfare And The Constitution, Sonja R. West
Popular Media
Earlier this week, the United States Supreme Court upheld, by a 5-4 vote, the states’ ability to execute death row inmates with a three-drug lethal injection cocktail that critics argue causes excruciating pain. The Court reasoned that states should be allowed to use the drug in question, despite its involvement in several botched executions, in part because states can no longer attain more effective alternatives. In the majority opinion, the justices spin an erroneous tale about “anti-death-penalty advocates” pressuring pharmaceutical companies into refusing to supply other, more humane drugs to the states for use in capital punishment. This alleged radical …
A Constitutional Challenge To Nyc's Ban On Dancing, Sonja R. West
A Constitutional Challenge To Nyc's Ban On Dancing, Sonja R. West
Popular Media
It's a familiar story: A handsome stranger moves to town. He's been working so hard, punching his card. And he's got this feeling that he needs to tear up this town. So, of course, he wants to cut loose.
But, unfortunately, it's not quite that easy. Because if the town our stranger just moved to is New York City, and the place he's kicking off his Sunday shoes isn't one of the fewer than 120 licensed "cabarets" or "dance halls" in the city, his dancing could be against the law.
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
Ferguson — What Now?, Timothy Zick
The Cost Of Public Protest, Timothy Zick
Zick On Public Protest And Ferguson, Timothy Zick
Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick
Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick
Popular Media
The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …
Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick
Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick
Popular Media
This article looks at the factors regarding protestors and counselors set forth in the Supreme Court's decision in McCullen v. Coakley and puts them in the Ferguson, Missouri context.
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Popular Media
No abstract provided.
Quick Change Justice, Sonja R. West, Dahlia Lithwick
Quick Change Justice, Sonja R. West, Dahlia Lithwick
Popular Media
The architecture of the U.S. Supreme Court Building is rife with turtles. There are turtles holding up the lampposts in the courtyard and turtles engraved in the stone decor. You can buy turtle coffee mugs at the gift shop. The turtle is said to represent the slow and deliberate pace of justice. This is an institution, the turtle tells us, that moves slowly, deliberately, and removed from the knee-jerk pace of the political branches.
Yet moments before they adjourned for their summer recess, the justices proved they can act quite quickly and recklessly when it comes to violating the terms …
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Popular Media
No abstract provided.
Censorship 101, Sonja R. West
Censorship 101, Sonja R. West
Popular Media
This article looks at censorship in the public school setting.
Texas Hold ’Em - The State Refuses To Allow Same-Sex Couples Married Elsewhere To Get Divorced. Is This The Next Constitutional Showdown Over Marriage Equality?, Sonja R. West, Dahlia Lithwick
Texas Hold ’Em - The State Refuses To Allow Same-Sex Couples Married Elsewhere To Get Divorced. Is This The Next Constitutional Showdown Over Marriage Equality?, Sonja R. West, Dahlia Lithwick
Popular Media
The court papers don’t tell us all that much about what happened between the couple described only as “J.B.” and “H.B.” We can assume there once was love and then, at some point, there wasn’t. Their parting, we’re told, was amicable. The problem is that J.B. and H.B. are both men. The other problem is that they live in Texas. The two were married in Massachusetts in 2006, where same-sex marriage has been legal since 2004. They later moved to Texas, and now want to get divorced. Texas, however, won’t let them. And they cannot get divorced in Massachusetts either, …
What Is Anthony Kennedy Thinking?, Sonja R. West
What Is Anthony Kennedy Thinking?, Sonja R. West
Popular Media
Supreme Court watchers have long made a national sport out of parsing Justice Anthony Kennedy’s every word. From issues as diverse as the death penalty, terrorism, and gay rights, Kennedy has been the only conservative justice to vote with the court’s more liberal wing. It’s not surprising, therefore, that as we wait for the court’s decision on same-sex marriage bans, the search for clues to Kennedy’s thinking has shifted into high gear.
In March, during the oral argument about California’s same-sex marriage ban, Kennedy said that he was “trying to wrestle” with a “difficult question” about the constitutionality of same-sex …
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Popular Media
No abstract provided.
Why Obama’S Words Didn’T Go Far Enough, Sonja R. West, Dahlia Lithwick
Why Obama’S Words Didn’T Go Far Enough, Sonja R. West, Dahlia Lithwick
Popular Media
When President Obama announced his support of same-sex marriage, he talked broadly about “equality” and “fairness.” He spoke of “opposing discrimination against gays and lesbians” and making sure that nobody is treated as “less than full citizens when it comes to their legal rights.” It was a powerful moment—historic and emotional. In the Aaron Sorkin version, the orchestra would have soared at this point as the supporting cast members exchanged teary-eyed yet knowing nods.
But then President Obama described how these rights should be protected and the music stopped with a squawk. Same-sex marriage, he said, is not in fact …
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Popular Media
No abstract provided.
An Anthem For Ows?, Timothy Zick
Ows, Discourse, And Narratives, Timothy Zick
Ows And The Constitution, Timothy Zick