After more than 1,100 law professors sent an open letter opposing the nomination of Senator Jeff Sessions for Attorney General, many received something wholly unexpected in return: open records requests for their university-account emails containing the words “Sessions,” “Jeff Sessions,” or “Attorney General.” These requests
An idyllic hilltop retreat, where I spent four years of my life, has turned, it seems, into a national battleground. A controversial speaker, a campus protest, an injured professor, and conservatives and liberals alike have rushed to denounce a Middlebury College event as the latest
In recent months, nearly everyone has been talking about politics – including celebrities. When Mike Pence attended the popular musical Hamilton, the cast took the opportunity to applaud diversity and ask him to “uphold our American values.” Green Day directly blasted Donald Trump, the KKK,
A Coherent Middle Ground in the Apple-FBI All Writs Act Dispute?
LawFare tackles the Apple-FBI controversy and tries to spell out “a moderate position on the scope of the All Writs Act” in light of the dueling orders from Judge Pym (CDCA) and Judge Orenstein (EDNY).
If you want to confuse a roomful of law students, teach them First Amendment doctrine. Courts have struggled over the years to develop a consistent jurisprudence, instead creating “a vast Sargasso Sea of drifting and entangled values, theories, rules, exceptions, predilections.” Recent events at
Imagine that you are walking on your way to work. As usual, you listen to your iPod as you walk. Unconsciously, you begin to sing along to your favorite song, which just so happens to be Bob Marley’s classic “I Shot the Sheriff.” By the
Hope you got the classes and clinics you wanted! In the meantime, several civil rights issues have been hot topics in the news.
Same Sex Marriage and Religious Exemptions – Scotus Blog
Last Monday, the Supreme Court refused to weigh in on the debate on religious exemptions
Noah and Matt give their brief reactions to United States v. Alvarez, Miller v. Alabama, Arizona v. United States, and NFIB v. Sebelius. Noah and Matt take a look at Mitt Romney's recently leaked closed-door comments. The discussion turns to the recent protests and violence
The less rigorous test proposed by the concurring justices produced a desirable result in this case, but it seems to portend an approach that gives less than full scrutiny to asserted government interest in content-discrimination
In light of the great deference traditionally shown by the Court – and evinced by several Justices in this case – towards the government in military matters, it may well be that the Court overlooks the troubling free-speech consequences of the Act’s overbreadth. In an