Law

The Battle over Source Code

Aram Sinnreich— Professional prognosticators and commentators often treat the development of media technology as a one-way street, an inevitable series of magical innovations leading to an equally inevitable set of disruptions in business, culture, and society. In reality, of course, the process is far more complex. Technology developers and media

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Rethinking the History of Religious Freedom

Robert Louis Wilken— In the Supreme Court case Minersville School District v. Gobitis, 1940, that upheld compulsory pledging of allegiance to the U.S. flag in schools, Justice Felix Frankfurter, writing for the majority, said: “Centuries of strife over the erection of particular dogmas as exclusive or all-comprehending faiths led to

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Of Holy Rivers and Human Rights: Protecting the Ganges by Law

Sudipta Sen— On March 20, 2017, the highest court in the state of Uttarakhanda, India declared the river Ganges (known as the Ganga in India) and its main tributary Yamuna as rights-bearing “living entities,” effectively granting them the legal status of personhood. Uttarakhanda is a northern Indian state that borders

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The “Seriatim Practice” of the Supreme Court

Paul W. Kahn—   We can imagine a state in which courts issued judgments without explanation. The need to settle disputes requires some form of adjudicatory mechanism; it does not necessarily require explanation of the decisions. When there is explanation, the form of presentation has varied over time. The American

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Why Liberalism Failed

Patrick J. Deneen— A political philosophy conceived some 500 years ago, and put into effect at the birth of the United States nearly 250 years later, was a wager that political society could be grounded on a different footing. It conceived humans as rights-bearing individuals who could fashion and pursue

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National Emergencies and the Rise of Presidential Unilateralism

Benjamin Ginsberg— President Trump’s declaration of a national emergency to help provide funding for a border wall has touched off a furious controversy with many commentators pointing to what they see as another abuse of power by Trump. Unfortunately, though, President Trump is merely following the well-worn path of unilateral

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On “Chefs,” Wedding Cakes, and Corporate Personhood

Kent Greenfield— I was driving the other day with my kids in the car. Henry, like most five-year-olds, is full of questions. “Where do people come from?” “If you could be any animal, what would it be?” “When is my Thor Halloween costume going to arrive?” But this day, his

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What Can Non-Lawyers Learn from the Law?

John B. Nann— The law is society. It is a reflection of the community, it is the rules that govern the community, and it is one of the main tools that a government has to affect the behavior of the community. A government can encourage philanthropy by providing tax deductions

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Ep. 54 – Antonin Scalia

A hero to the right, a foe to the left, Antonin Scalia was one of the most influential Supreme Court justices to ever serve. Richard Hasen discusses Scalia’s legacy.   Subscribe: Apple Podcasts | Stitcher | Soundcloud | Spotify  

Hunting Mobile Shoppers

Joseph Turow— “Bricks and mortar is dead; long live bricks and mortar!” This was the surprising theme that emerged from the sprawling 2014 Internet Retailer Conference and Exhibition, reported Laura Heller, editor in chief of the online trade magazine FierceRetail. Everybody in retail had previously been emphasizing only the tremendous advantage that

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