Statute
First Amendment
928 published works
Labor Law Prof Blog
Don’t Ask, Don’t Tell Struck Down
Yesterday, Judge Phillips of the Central District of California struck down the military's "don't ask, don't tell" policy on gays in the military in the case, Log Cabin Republicans v.…
The Faculty Lounge
Global Free Speech Update Malaysia: protests marked the fiftieth anniversary
Global Free Speech Update Malaysia: protests marked the fiftieth anniversary of the Internal Security Act, an anti-communist measure passed in the 1960s that allows for virtually limitless detention without trial…
ImmigrationProf Blog
New Immigration Articles From SSRN
Here is some new immigration scholarship from the Social Science Research Network (www.ssrn.com):"The Plenary Power Doctrine and the Constitutionality of Ideological Exclusions: A Historical Perspective" Texas Review of Law &…
Supreme Court Update
Bilski v. Kappos (08-964), Doe v. Read (09-559) and Sears v. Upton (09-8854)
By Kim Rinehart
This is will be the last Update of the Term, covering: Bilski v. Kappos (08-964), in which the Court declined to adopt a bright line test for determining the patentability…
Connecticut Employment Law Blog
Court Allows First Amendment Retaliation Claim to Proceed To Trial
Last year, I talked about a First Amendment retaliation case and noted the difficulties in defending against such claims. A new case out of the federal court in Connecticut last…
Litigation & Trial
The Boy Scouts’ Ironic, Pyrrhic Free Speech Victory Against The City of Philadelphia
As widely reported last week, the local Boy Scouts won a partial victory against the City of Philadelphia from a federal jury in the Eastern District of Pennsylvania: A federal…
Media Law Prof Blog
Off-Campus Student Speech and Public School Control
The Third Circuit recently reheard two student speech cases, Snyder v. Blue Mountain School District, and Layshock v. Hermitage School District, in order to try to reconcile opposing lower court…
California Employment Law Update
Ministerial Exception Barred Seminarians’ Claims For Unpaid Overtime
By Tony Oncidi
Rosas v. The Corporation of the Catholic Archbishop of Seattle, 598 F.3d 668 (9th Cir. 2010) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the…
Connecticut Employment Law Blog
Second Circuit Reinforces the Limits of First Amendment Protected Speech for Employees
Earlier this year, the Second Circuit came out with an important, wide-ranging decision that clarified the protections that public employees have under the First Amendment. Specifically, any speech that is…
Fair Housing Defense
Can Local Governments Partner With A Church to Provide Affordable Housing?
While I do not want to bog the blog down (did I really just write that?) with what can be mind numbing issues of constitutional law, I did want to…