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From the category archives:

Constitutional Law

United States v. Stevens: (Part 2) Oral Argument

January 19, 2010

      United States v. Stevens, the animal cruelty video case, was argued before the Supreme Court on October 6.  The transcript makes for a fascinating read, both from a forensic as well as a substantive perspective.

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Prop 8 Trial (Part 3): Briefs and Updates

January 15, 2010

     Here are some useful links to keep you up to date on the Prop 8 trial.

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Prop 8 Trial: (2) Supreme Court Bars Cameras from Courtroom

January 13, 2010

     By a vote of 5-4 along the usual ideological lines, the Supreme Court today overturned the order of the trial judge that would have allowed the Prop 8 trial to be broadcast.

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The Prop 8 Trial – Introduction

January 13, 2010

     Here are some links to information about the Prop 8 trial, and some analysis to put the trial in perspective.

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Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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Christian Legal Society v. Martinez (Part 5): The Free Exercise Claim

January 8, 2010

     We have seen in the two previous posts that CLS faces an uphill battle against Hastings Law School in its First Amendment claims based on "expressive association" and "equal access to a public forum."  Under existing doctrine, it will be equally difficult for CLS to win with yet another First Amendment claim under the [...]

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Christian Legal Society v. Martinez (Part 4): The Expressive Association Cases

January 7, 2010

     Another argument that CLS will advance in support  its claim that Hastings Law School should be compelled to recognize it as an official student organization is its contention that the law school is interfering with its rights as an "expressive association."  Here is a history of that doctrine, and a summary of two of [...]

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Christian Legal Society Chapter v. Martinez (Part 3) – Prior Cases Involving Equal Access to Campus Funding and Facilities

January 6, 2010

     One of the strongest arguments that the Christian Legal Society will assert in its case challenging Hastings Law School's refusal to recognize it as an official student organization is based upon a series of Supreme Court decisions establishing the rights of student or community groups to equal access to school funding and facilities.  The [...]

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Christian Legal Society Chapter v. Martinez (Part 2)

January 5, 2010

     The difficulty of this case stems from the number of constitutional doctrines and principles which are intertwined, a tangled skein of general rules and fundamental values.

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2009-2010 Supreme Court Term: (4) Christian Legal Society Chapter v. Martinez (Part 1) – Do Universities Have to Recognize (and Fund) Student Religious Organizations That Discriminate?

January 4, 2010

     This term Supreme Court agreed to hear the case of Christian Legal Society Chapter v. Martinez.  In today's post I will introduce the topic, and in subsequent posts I will analyze different aspects of the case.

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Is Racial, Ethnic, or Religious Profiling the Key to Airline Safety?

January 2, 2010

     Profiling is one element of airport screening intended to keep us safe, but it is not a magic bullet.  In light of what we learned from the attempted airliner bombing over Detroit on Christmas day, profiling is nowhere near sufficient to ensure airline safety.

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Question 2010: Whither USA Inc.?

December 31, 2009

For some time now, the Wall Street Journal has been running a series entitled "USA Inc.", wherein it examines "the consequences of the federal government's deep intervention into the U.S. economy, from Wall Street to Detroit and beyond."  This past Monday, it ran an article entitled "After the Bailouts, Washington's the Boss", wherein it made [...]

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