Law Commons^™

Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.

Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern

William & Mary Bill of Rights Journal

No abstract provided.

A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen

William & Mary Bill of Rights Journal

No abstract provided.

The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Justices Hawking Jesus: Endorsement Through Citation To Religious Amici In Supreme Court Opinions, Tiffany Marie Westfall Ferris

William & Mary Bill of Rights Journal

No abstract provided.

(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie

William & Mary Journal of Race, Gender, and Social Justice

Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.

This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …