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Supreme Court of the United States

Selected Works

2019

United States Constitution 1st Amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins Sep 2019

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Neal E. Devins

No abstract provided.


The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon Sep 2019

The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon

Nathan B. Oman

In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.

Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2019

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Jennifer R. Franklin

No abstract provided.