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Tag: law

The Dangers of Cheap Speech

The Dangers of Cheap Speech

Richard L. Hasen—  In a remarkably prescient article in a 1995 Yale Law Journal symposium titled “Emerging Media Technology and the First Amendment,” a UCLA law professor, Eugene Volokh, looked… READ MORE

The Dangerous Fallacy of Originalism

The Dangerous Fallacy of Originalism

Erwin Chemerinsky— One more example—a particularly powerful one of originalists abandoning originalism when it does not serve their ideological goals—is affirmative action. The originalists who have been on the Court,… READ MORE

From Outlaws to In-Laws

From Outlaws to In-Laws

In Marriage Equality: From Outlaws to In-Laws, William N. Eskridge and Christopher R. Riano explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and… READ MORE

China’s Law of the Sea

China’s Law of the Sea

Isaac B. Kardon— China’s Law of the Sea tells the story of the international order now emerging in the littorals of East Asia. The book is about the People’s Republic… READ MORE

Origins of Order

Origins of Order

Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live… READ MORE

Bostock and Originalism

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE

The End of Conservatism

The End of Conservatism

Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from… READ MORE

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