1. How to Read Justice Kennedy’s Crucial Concurring Opinion in Hobby Lobby Vikram David Amar, a U.C. Davis law professor, continues his discussion of the significance of Justice Anthony Kennedy’s concurrence in Burwell v. Hobby Lobby Stores Inc.. and the several ways in which Justice Kennedy’s concurrence can be read to limit the breadth of the Court’s holding.

    How to Read Justice Kennedy’s Crucial Concurring Opinion in Hobby Lobby

    Vikram David Amar, a U.C. Davis law professor, continues his discussion of the significance of Justice Anthony Kennedy’s concurrence in Burwell v. Hobby Lobby Stores Inc.. and the several ways in which Justice Kennedy’s concurrence can be read to limit the breadth of the Court’s holding.

    2 hours ago  /  0 notes

  2. Message to Young People: Social Security Will Be There For You, Unless You Let Wall Street Take It Away From YouGeorge Washington University law professor and economist Neil Buchanan argues against the notion that Social Security will “go broke” before today’s workers retire.

    Message to Young People: Social Security Will Be There For You, Unless You Let Wall Street Take It Away From You

    George Washington University law professor and economist Neil Buchanan argues against the notion that Social Security will “go broke” before today’s workers retire.

    1 day ago  /  1 note

  3. Comparing Two Federal Appeals Courts’ Decisions on Same-Sex MarriageAttorney David Kemp discusses the recent decision by the U.S. Court of Appeals for the Fourth Circuit striking down Virginia’s ban on same-sex marriage. He compares and contrasts that opinion to an opinion handed down last month by the Tenth Circuit striking down Utah’s equivalent law.

    Comparing Two Federal Appeals Courts’ Decisions on Same-Sex Marriage

    Attorney David Kemp discusses the recent decision by the U.S. Court of Appeals for the Fourth Circuit striking down Virginia’s ban on same-sex marriage. He compares and contrasts that opinion to an opinion handed down last month by the Tenth Circuit striking down Utah’s equivalent law.

    2 days ago  /  0 notes

  4. Federal Appeals Courts Divide Over Obamacare Subsidies—and Over “Textualism”Cornell University law professor Michael Dorf discusses two federal appeals courts’ recent diverging decisions over Obamacare subsidies. Dorf contrasts the method of statutory interpretation used by the majority of a panel of the U.S. Court of Appeals for the D.C. Circuit, which struck down the subsidies, with that of the Court of Appeals for the Fourth Circuit, which upheld them.

    Federal Appeals Courts Divide Over Obamacare Subsidies—and Over “Textualism”

    Cornell University law professor Michael Dorf discusses two federal appeals courts’ recent diverging decisions over Obamacare subsidies. Dorf contrasts the method of statutory interpretation used by the majority of a panel of the U.S. Court of Appeals for the D.C. Circuit, which struck down the subsidies, with that of the Court of Appeals for the Fourth Circuit, which upheld them.

    4 days ago  /  0 notes

  5. Nixon’s Uses, Abuses and Muses on the Supreme CourtJohn Dean, former counsel to the president, describes former President Richard Nixon’s views of, and influence on, the U.S. Supreme Court.

    Nixon’s Uses, Abuses and Muses on the Supreme Court

    John Dean, former counsel to the president, describes former President Richard Nixon’s views of, and influence on, the U.S. Supreme Court.

    1 week ago  /  0 notes

  6. Hobby Lobby Strikes Again, But Wisconsin Insurance Commissioner Strikes OutCardozo Law professor Marci Hamilton comments on a recent statement by the Wisconsin Insurance Commissioner that purportedly applies the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. to that state’s law.

    Hobby Lobby Strikes Again, But Wisconsin Insurance Commissioner Strikes Out

    Cardozo Law professor Marci Hamilton comments on a recent statement by the Wisconsin Insurance Commissioner that purportedly applies the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. to that state’s law.

    1 week ago  /  0 notes

  7. What Counts as an Abortion, and Does It Matter?Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.

    What Counts as an Abortion, and Does It Matter?

    Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.

    1 week ago  /  1 note

  8. New Pregnancy Discrimination Guidance From the EEOCHofstra University law professor Joanna Grossman discusses the Equal Employment Opportunity Commission (EEOC)’s new Enforcement Guidance on pregnancy discrimination. She describes how the new Guidance serves to help pregnant women begin work, continue working, and return to work throughout the reproductive process. 

    New Pregnancy Discrimination Guidance From the EEOC

    Hofstra University law professor Joanna Grossman discusses the Equal Employment Opportunity Commission (EEOC)’s new Enforcement Guidance on pregnancy discrimination. She describes how the new Guidance serves to help pregnant women begin work, continue working, and return to work throughout the reproductive process. 

    1 week ago  /  0 notes

  9. Banning the Export of American OilChapman University law professor Ronald Rotunda discusses why Congress should eliminate the federal ban on the export of American oil. Rotunda provides a background on the history of the Export Clause of the U.S. Constitution and explains why the original rationale for banning the export of oil no longer supports the continued ban today.

    Banning the Export of American Oil

    Chapman University law professor Ronald Rotunda discusses why Congress should eliminate the federal ban on the export of American oil. Rotunda provides a background on the history of the Export Clause of the U.S. Constitution and explains why the original rationale for banning the export of oil no longer supports the continued ban today.

    1 week ago  /  0 notes

  10. Federal Judge Strikes Down California Death Penalty: What This Could Mean for CaliforniaGuest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.

    Federal Judge Strikes Down California Death Penalty: What This Could Mean for California

    Guest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.

    1 week ago  /  0 notes

  11. Why Justice Kennedy’s Concurring Opinion May Be Key in Hobby LobbyU.C. Davis School of Law professor Vikram David Amar explains why Justice Kennedy’s concurring opinion in Burwell v. Hobby Lobby Stores Inc. deserves heightened attention and weight. In this first of a two-part series of columns, Amar provides background on the roles and types of concurring opinions in 5-4 decisions and provides some historical examples of some key concurrences.

    Why Justice Kennedy’s Concurring Opinion May Be Key in Hobby Lobby

    U.C. Davis School of Law professor Vikram David Amar explains why Justice Kennedy’s concurring opinion in Burwell v. Hobby Lobby Stores Inc. deserves heightened attention and weight. In this first of a two-part series of columns, Amar provides background on the roles and types of concurring opinions in 5-4 decisions and provides some historical examples of some key concurrences.

    2 weeks ago  /  0 notes

  12. Does Hobby Lobby All But Require Companies to Find Religion?George Washington University law professor and economist Neil Buchanan discusses the U.S. Supreme Court’s Hobby Lobby decision, particularly whether it effectively compels all companies to adopt beliefs to increase profits and fulfill their fiduciary duties to their owners.

    Does Hobby Lobby All But Require Companies to Find Religion?

    George Washington University law professor and economist Neil Buchanan discusses the U.S. Supreme Court’s Hobby Lobby decision, particularly whether it effectively compels all companies to adopt beliefs to increase profits and fulfill their fiduciary duties to their owners.

    2 weeks ago  /  1 note

  13. How to Fix the Religious Freedom Restoration ActCornell University law professor Michael Dorf proposes eight different options for fixing the Religious Freedom Restoration Act (RFRA). Dorf suggests that open discussion of what was wrong with the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc. can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

    How to Fix the Religious Freedom Restoration Act

    Cornell University law professor Michael Dorf proposes eight different options for fixing the Religious Freedom Restoration Act (RFRA). Dorf suggests that open discussion of what was wrong with the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc. can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

    2 weeks ago  /  4 notes

  14. A Review of “Ethel Sings: The Unsung Song of Ethel Rosenberg”Rodger Citron, associate dean for academic affairs and professor of law at Touro Law Center, offers an insightful review of “Ethel Sings: The Unsung Song of Ethel Rosenberg.” Citron explains the history of Julius and Ethel Rosenberg and offers his perspective on the strengths and shortcomings of the recent Off-Broadway show.

    A Review of “Ethel Sings: The Unsung Song of Ethel Rosenberg”

    Rodger Citron, associate dean for academic affairs and professor of law at Touro Law Center, offers an insightful review of “Ethel Sings: The Unsung Song of Ethel Rosenberg.” Citron explains the history of Julius and Ethel Rosenberg and offers his perspective on the strengths and shortcomings of the recent Off-Broadway show.

    2 weeks ago  /  0 notes

  15. Grounding the No-Fly List: Part Two of a Three-Part Series of ColumnsJohn W. Dean, former counsel to the president, continues his discussion of the U.S. government’s No-Fly List. In this second of a three-part series of columns, Dean focuses on the constitutional implications of the No-Fly List: deprivation, without due process, of one’s right to travel internationally and one’s reputation interest.

    Grounding the No-Fly List: Part Two of a Three-Part Series of Columns

    John W. Dean, former counsel to the president, continues his discussion of the U.S. government’s No-Fly List. In this second of a three-part series of columns, Dean focuses on the constitutional implications of the No-Fly List: deprivation, without due process, of one’s right to travel internationally and one’s reputation interest.

    3 weeks ago  /  0 notes