First Amendment Commons^™

Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County, Spencer Emelia Petrick-Knoll

Fordham Law Review

Conflicts over the collections of public libraries have become increasingly frequent in the twenty-first century. In 2025, the Fifth Circuit held that library collections are government speech, thereby preventing patrons from challenging book removals. This Note critiques that decision and analyzes which First Amendment doctrine should govern the curation decisions of a public library. It examines the historical evolution of the public library and First Amendment doctrine to argue for classification of the public library’s collection as a limited public forum. This classification allows libraries to make reasonable, viewpoint-neutral decisions about retaining books in their collections while ensuring that viewpoint …

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 3, Issue 1 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Brief Of Professors Mark Storslee, John Meiser, Douglas Laycock, Nathan Chapman, Thomas Berg, Christopher Lund, Michael Helfand, Steven Collis, Meredith Kessler, Carl Esbeck, John Inazu, Asma Uddin, Christopher Hampson, And Kathleen Brady As Amici Curiae In Support Of Petitioners, Mark Storslee, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 26-257
Mara Nathan v. Alamo Heights Independent School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

For more than seventy years, this Court has made clear that a state “may not coerce anyone ... to take religious instruction” or use public schools to “force ... religion on any person.” Zorach v. Clauson, 343 U.S. 306, 314 (1952). For good reason. Doing so advances one of the “true evil[s] of religious establishment" that Founding-era Americans rejected: “the use of government power” to foster “uniformity …

Brief Of Notre Dame Education Law Project, Notre Dame Project On Church, State & Society, Lindsay And Matt Moroun Religious Liberty Clinic, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Michael A. Helfand, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 26-193 and 26-240
Bethany M. Hall v. A. Scott Fleming, Cameron Johnson v. A. Scott Fleming

On Petitions for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

From the Summary of Argument

This Court should grant certiorari to put an end to the damaging effects of Locke v. Davey, 540 U.S. 712 (2004). To begin, as Judge Richardson ably demonstrated in his concurring opinion below, “Locke was wrongly decided.” Hall Pet. App. 14a-18a. What’s more, Locke sits in tension with—and imposes a significant impediment to—this Court’s many recent decisions that aim …

How Law Schools Can Better Cultivate A Culture Of Engagement And Dialogue, Anton Sorkin

Pepperdine Dispute Resolution Law Journal

For the last few years, a competing culture has developed on university campuses based on what the National Jurist called the “protest generation.” These developments have seeped into law schools, creating not only tensions with the administrations, but also tensions between student organizations seeking to participate in accordance with their mission and purpose. Given the importance of legal education and the role of attorneys in society, this article advocates for law schools to cultivate a culture of engagement and dialogue by establishing private forums where student leaders may work out their differences in a civil and constructive manner. Within these …

Deterring Political Deceit: A Constitutional Argument To Defend The People's Democracy (2026), David Chang

Books

More than ever, influencers and politicians communicate political messages that they do not believe to be true. This political deceit is constitutionally valueless, harms public discourse, and impedes effective public decision-making. Yet, under current doctrine, the Supreme Court would invalidate any regulation of deceitful political advocacy as an abridgment of political speech.

In Deterring Political Deceit, David Chang explores why traditional efforts to target falsity in political speech have been rooted in constitutional error. While the Court has determined that the defamation of public officials is unprotected, it wrongly declared that false statements of fact lack constitutional value, and …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Brief Amici Curiae Of New Ways Ministry, Et Al., St. Mary Catholic Parish V. Roy, Leslie C. Griffin, Marci A. Hamilton

Court Briefs

No abstract provided.

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.