We Need Less, Not More Border Security

11/7/17  //  In-Depth Analysis

By Kari E. Hong: We do not need more security. We need less of it, and a substantial reduction at that.

Take Care

The First Amendment and Soliciting Crimes of Migration

11/2/17  //  In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

Take Care

The First Amendment Does Not Give Commercial Businesses a License to Discriminate

11/1/17  //  In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

Religious Freedom and the Masterpiece Case

10/31/17  //  In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.

Joshua Matz

Publisher

Holding Up (Possible) Remedies

10/31/17  //  In-Depth Analysis

The stakes are high for defendants awaiting the Supreme Court's decision in Sessions v. Dimaya.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17  //  In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

DOJ Goes Big So Prisoners Can't Go Home

10/26/17  //  In-Depth Analysis

DOJ now argues that people who are in prison based on mistaken understandings of criminal statutes must stay there. The Supreme Court should consider granting certiorari to correct its mistake (and the Eleventh and Tenth Circuits’).

Leah Litman

U.C. Irvine School of Law

Tax Consequences of Legal Defense Funds

10/24/17  //  In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

Take Care

A Free Press Requires a Strong and Independent Judiciary

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

An Analysis of DOJ's Brief in Masterpiece Cakeshop

10/18/17  //  In-Depth Analysis

DOJ's effort to to transform this case into a freedom of speech decision threatens the integrity of First Amendment rights. It should be rejected.

Robert Post

Yale Law School

Protecting Real News: The Best Solution to the Fake News Panic

10/12/17  //  In-Depth Analysis

Especially in light of Trump's recent remarks, we must better protect media companies from targeted, life-threatening defamation suits

Aiming the Bully Podium at Minority Communities

10/11/17  //  In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Take Care

EPA Defies Its Own Best Analysis of the Clean Power Plan

10/10/17  //  In-Depth Analysis

Put simply, the Pruitt EPA is issuing its proposed repeal order despite its own best analysis showing that repealing the Clean Power Plan is a very, very bad idea.

Eli Savit

University of Michigan Law School

The Supreme Court, Animus, And Amicus

10/10/17  //  In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

Leah Litman

U.C. Irvine School of Law

The Travel Ban and the Ontology of the Compelling Interest Test

10/6/17  //  In-Depth Analysis

Maybe the whole compelling interest test is misguided in Establishment Clause cases.

Michael C. Dorf

Cornell Law School