Tag law

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title VII of the 1964 Civil Rights Act extended to discrimination against gays, lesbians, and transgender people. Remarkably, both Justice Neil

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The End of Conservatism

Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from the intentional act of a free subject. A system gains its principle of order immanently and spontaneously. To write a

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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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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  

The Federalist Papers: On Impeachment

Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the former’s unique role in confirming presidential appointments. It is utterly irrelevant, as a formal matter, what the House thinks about

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The Women Who Pioneered Media Privacy Laws

Jessica Lake— What would you do if you came across a video featuring your naked body on Facebook? On March 7th this year, Fox Sports reporter Erin Andrews won a claim for “invasion of privacy” against both a stalker and the Nashville Marriott hotel after the stalker, Michael David Barrett, secretly

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The Legality of Transgender Bathrooms

Kimberly A. Yuracko— Recently, and quite suddenly, bathroom access for transgender individuals has become the newest civil rights battleground. The Department of Justice (DOJ), The Department of Education (DOE) and the Equal Employment Opportunity Commission (EEOC) have interpreted the sex discrimination prohibitions of Title IX and Title VII as requiring

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The New Reality of Gun Laws in America

Firmin DeBrabander— It is no surprise that presumptive Republican presidential nominee Donald Trump sought the endorsement of the National Rifle Association last week, though he is only a recent fan of the gun lobby’s uncompromising positions. Not long ago, Trump voiced approval for many gun safety measures. Trump is nothing

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