Religion & Law

The symbolic stakes of the Establishment Clause
It seems to me that the Establishment Clause, at least as it is viewed by the Supreme Court, it increasingly about symbolism. What I mean by this is that more and more, the Establishment Clause disputes that tend to make it to the Supreme Court are over religious speech, symbolism, and the like, where no real financial or other "concrete" stakes are involved...

Koppelman on Originalism & the Establishment Clause
Andrew Koppelman (Northwestern University School of Law) has posted Phony Originalism and the Establishment Clause on SSRN. Here is the abstract: The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are...

Murray: "Exposing the Underground Establishment Clause in the Supreme Courts Abortion Cases"
Justin S. Murray (Georgetown University Law Center) has posted Exposing the Underground Establishment Clause in the Supreme Court?s Abortion Cases on SSRN. Here is the abstract: In Roe v...

Esbeck on the Original Meaning of the Establishment Clause
Carl H. Esbeck (University of Missouri School of Law) has posted Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation (Utah Law Review, Vol. 2011, No...

New L&C Law Scholarship: Passive Observers, Passive Displays, and the Establishment Clause
Mark Strasser, Passive Observers, Passive Displays, and the Establishment Clause, 14 Lewis & Clark Law Review 1123 (2010) This Article examines jurisprudence surrounding state action, and when that action does and does not violate the Establishment Clause...

"Supreme Court limits lawsuits in Medtronic case; The high court decision will curb the ability of aggrieved consumers to sue companies that make faulty medical devices"
"Supreme Court limits lawsuits in Medtronic case; The high court decision will curb the ability of aggrieved consumers to sue companies that make faulty medical devices": The Minneapolis Star Tribune provides this news update...

Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause

Selection of State Supreme Court Judges
How State Court Judges are Selected

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers

Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits

Furloughed Workers
File Employment Lawsuits

Morgan Stanley Capital
401(k) / ERISA Stock Fraud

Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements
HRT Lawsuits Pharma Faces Multi Million Dollar Settlements

Washington Mutual Bank Collapse
May File for Bankruptcy

Ebay Fined
French Court Sets Fine at $61 Million

Personal Injury
Appeals Court Upholds Congressional Legislation