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First Amendment
932 published works
Constitutional Law Prof Blog
State May Require Provider to Accompany Developmentally Disabled Client to Church
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled last week in Williams v. State of California that a state law requiring residential community care service providers to accompany…
Constitutional Law Prof Blog
Second Circuit Orders Compliance Reports on Erie County Prisons Unsealed
Steven D. Schwinn, John Marshall Law SchoolThe Second Circuit ruled today in U.S. v. Erie County, New York that a lower court's order sealing compliance reports on the treatment of…
Constitutional Law Prof Blog
Second Circuit Finds NYC’s MBP Circumcision Regulation Merits Strict Scrutiny
Professor Ruthann Robson, City University of New York (CUNY) School of LawReversing the district judge's decision rendered more than 18 months ago which we discussed here, the Second Circuit's opinion…
The Rainmaker Blog
Federal Appeals Court Rules Attorneys Have Right to Publish Praise from Judges
A federal appeals court issued a ruling yesterday that attorneys have a First Amendment right to publish ads that quote judges praising them, a decision that reverses a lower court…
Constitutional Law Prof Blog
Second Circuit: No Establishment Clause Violation for Cross at the Ground Zero Museum
Professor Ruthann Robson, City University of New York (CUNY) School of LawAffirming the opinion of United States District Judge Deborah Batts, the Second Circuit's opinion in American Atheists v. Port…
Land Use Prof Blog
RLUIPA now has its own ABA treatise
This month the ABA published what I believe to be the first-ever treatise on RLUIPA. Here is the blurb for Litigating Religious Land Use Cases:This book discusses how to litigate such…
Civil Rights Law & Policy Blog
Another botched execution adds to death penalty debate
On July 23, Arizona executed Joseph Wood by lethal injection. Although typically lasting between 10 and 20 minutes, Wood didn't die for nearly two hours. Today, The Atlantic's Matt Ford recounts…
Civil Rights Law & Policy Blog
“Free Speech and Guilty Minds”
The title of this post comes from this recent paper by Professor Leslie Kendrick, the abstract of which states: It is axiomatic that whether speech is protected turns on whether…
Constitutional Law Prof Blog
Ninth Circuit Delays Execution Until Condemned Gets Information
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit on Saturday ordered the delay of a scheduled execution until the condemned prisoner gets information about the two-drug cocktail that Arizona…
Constitutional Law Prof Blog
Second Circuit Says Required Urine Test Substantially Burdens Religious Freedom
Steven D. Schwinn, John Marshall Law SchoolThe Second Circuit ruled last week in Holland v. Goord that prison authorities substantially burdened a Muslim prisoner's free exercise of religion when they…