The U.S. Court of Appeals for the Sixth Circuit rejected a teacher’s claim that a local school board violated her First Amendment right “to select books and methods of instruction for use in the classroom without interference from public officials” by failing to renew her contract after a series of conflicts over her choice of reading assignments for […]
Archive | 2010
Feddie Becomes A Judge
Congratulations to Steve Dillard, who founded the law blog Southern Appeal, for his appointment to fill a two-year vacancy on the Georgia Court of Appeals.
Is NPR Bound by the First Amendment in Its Hiring/Firing Decisions?
A bunch of people have asked me whether NPR’s firing of Juan Williams for his statement about Muslims on The O’Reilly Factor violates the First Amendment. The answer is “no.” NPR is not a government actor, and thus not bound by the First Amendment; that it gets some funding from the government does not make […]
Time to Codify a Miranda Exception for Terrorists?
By Paul Cassell on October 21, 2010 10:27 am in Counter-Terrorism Policy, Criminal Law, Criminal Procedure, Terrorism, Uncategorized
Today at 12:15 at the University of Utah College of Law I will be debating my colleague Amos Guiora about whether Miranda rights should be extended to terrorists. I have previously blogged here and here about my view that Miranda’s “public safety” exception means that law enforcement officers investigating terrorist incidents need not give Miranda warnings. […]
Apples and Oranges
I’ve long dissented from the claim that it’s hard to compare apples and oranges: We compare apples and oranges all the time! We compare them by price, by how much we like the taste, by likely sweetness and ripeness, by how well they’ll go in a tasty fruit cocktail, and so on. In fact, every […]
Vampire Slayers and the Law
Co-blogger Eugene Volokh recently referenced some criminal laws relating to Buffy the Vampire Slayer. In this 2007 post, I considered the implications of the show for property rights and “quick take” condemnations. Unlike Eugene, I managed to incorporate Faith into my legal analysis as well. As I pointed out, eminent domain abuse is an excellent […]
May Courts Interpret Contracts Under Religious Law (Islamic Law, Jewish Law, Canon Law, etc.)?
In an earlier thread, reader frankcross asks: Suppose parties call for Islamic law and specified a judicial forum. If a court shied away from deciding that, it would leave the issue unresolved. Essentially you would be denying judicial review to parties who wanted a court to use religious law and to resolve the question. Which […]
John Louth of OUP Guestblogging at Opinio Juris
Some VC readers, particularly academics, might be interested in the guest posts going up this week at Opinio Juris by John Louth, the editor in chief of academic law at Oxford University Press, thanks to the good offices of OJ’s Kevin Jon Heller. Mr. Louth is guest-posting on international law publishing, but much of what […]
“The Justices and Decorum Outside the Courtroom”
A very interesting set of N.Y. Times Room for Debate posts, from Prof. Stephen Wermiel (Justice Brennan’s co-biographer), Prof. Glenn Reynolds (InstaPundit), and Scot Powe (a historian of the Supreme Court).
Ninth Circuit Stays DADT Injunction
At the request of President Obama’s Justice Department, the Ninth Circuit has stayed, at least for now, an order from California District Judge Virginia Phillips halting enforcement of DADT. The Ninth Circuit panel consisted of Judges O’Scannlain, Trott and Fletcher. The order states: This court has received appellant’s emergency motion to stay the district court’s October 12, […]
Islamic Law in U.S. Courts
I just came across an interesting case, Rahman v. Hossain (N.J. Super. Ct. App. Div.), which was apparently handed down June 17, but which just appeared on Westlaw. An ex-husband was demanding the return of a $12,500 “mahr” payment that was made at the time of the marriage. The parties had apparently agreed to be […]
The Grading Scale for “Internal Use Only” at Harvard Law
From the Harvard Law Record: Harvard Law School has shifted its grade publication policy again, according to Student Government representatives who met with Dean Martha Minow last week. The new 5.0 GPA scale that the Law School will use to calculate Latin Honors will no longer appear on the reverse side of current students’ official […]
Bleg: Ronald Reagan called an extremist in 1966
I respectfully request quotes and citations for 1st-time California gubernatorial candidate Ronald Reagan being called an “extremist” (or something similar) during his 1966 campaign, in which he unseated incumbent Pat Brown (father of Jerry Brown). Any reputable citations in books, newspapers, etc., would be fine. Video, if such video exists, would be especially great. Thanks!
“In the Lawful Defense of the Slayer”
Buffy fans might be pleased to know that Nevada self-defense law and Washington self-defense law state that homicide is “justifiable when committed” “[i]n the lawful defense of the slayer.” Well, all state laws say that in essence, but Nevada and Washington actually use the word “slayer.” Those with a taste for the vivid might also […]
How Separation of Church and State Was Read Into the Constitution (Hint: the KKK got its way)
The flap over Christine O’Donnell’s debate comment suggests that many people still don’t know how Separation of Church and State became part of the law of the First Amendment. On this, I reprint part of an old post from 2005: 6. The phrase “Separation of Church and State,” as Philip Hamburger establishes in his classic […]