Search for: "Andrew Koppelman"
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17 Jun 2019, 4:00 am
Thomas Law Journal, Vol. 15, No. 2, 2019).Andrew M. [read post]
16 May 2011, 4:00 am
Odious Discrimination and the Religious Exemption Question, (Cardozo Law Review, Vol. 32, No. 5, 2011).Andrew [read post]
22 Sep 2008, 6:10 am
Ethnic Bias of Jewish and Arab Judges in Pretrial Detention Decisions in Israel, (September 14, 2008).Andrew [read post]
15 Aug 2011, 7:05 am
Gallagher – Institute for Marriage and Public Policy Charles Fried – Harvard Law School Andrew [read post]
22 Aug 2011, 8:08 am
last week’s visit to South Dakota by Justice Alito, the circuit justice for the Eighth Circuit, Andrew [read post]
14 Mar 2011, 4:00 am
Kolber, Brian Leiter, Andrew Koppelman, Christopher T. Wonnell, Michael J. Perry, Richard J. [read post]
8 Mar 2013, 7:38 am
Andrew Koppelman, The Tough Luck Constitution and the Assault on Healthcare Reform (Oxford University [read post]
6 Oct 2014, 5:52 am
As Andrew Koppelman has observed, even a “facially neutral law may nonetheless violate equal [read post]
16 Aug 2022, 5:01 am
The present doctrinal development begins with Church of Lukumi Babalu Aye v. Hialeah (1993), in which the Court invalidated a ban on animal sacrifice. The Court had previously held that there was no right to religious exemptions from neutral laws. But this law wasn't neutral. It targeted an unpopular religion of Caribbean immigrants. The laws, the Court concluded, were "drafted with care to forbid few killings but those occasioned by animal sacrifice." The state said that it had a… [read post]
1 Feb 2010, 4:00 am
: If Confusion is the Concern, Context Matters, (Journal of Catholic Legal Studies, 2010).Andrew M. [read post]
3 Jul 2012, 8:01 am
Writing for Salon, Andrew Koppelman sums up the decision: “What is really at war here is [read post]
30 Aug 2011, 7:16 am
Also, SCOTUSblog’s symposium on same-sex marriage added four posts on Monday, from Andrew Koppelman [read post]
19 Aug 2022, 5:01 am
I will conclude this series of posts by considering the variants of MFN that affect the way strict scrutiny is applied. MFN-6, ubiquitous in the Covid cases, makes strict scrutiny impossible to satisfy, by treating as equivalents regulated actions that are radically different in their effects on the pertinent state interests. MFN-7, proposed by Alito in Little Sisters of the Poor v. Pennsylvania and possibly embraced by the Court in Fulton v. Philadelphia, sweeps away the state interest more… [read post]
17 Aug 2022, 5:01 am
Here I will consider how the MFN theory was expanded to its present bloated proportions. Recently members of the Court, and sometimes a majority, have developed variants of MFN that are far more far-reaching and skeptical than the modest heightened scrutiny suggested by Lukumi. The key innovation, pioneered by Justice Gorsuch in his concurrence in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (a case that did not mention MFN at all) and pursued further in his opinions on Covid… [read post]
15 Oct 2011, 8:40 am
" I expect to have a draft of the article up at SSRN soon.]Update: My colleague-in-blogging, Andrew [read post]
18 Aug 2022, 5:01 am
Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed by Justice Kavanaugh in his dissent in Calvary Chapel Dayton Valley v. Sisolak, and possibly embraced by the Court in Roman Catholic Diocese of Brooklyn v. Cuomo. Call this MFN-3. Yet another is to ask whether government fails to pursue an interest with uncompromising zeal, as the Court did in… [read post]
15 Aug 2022, 5:01 am
Eugene has kindly invited me to contribute a series of posts, briefly describing my taxonomy of new variants of the most-favored-nation theory of religious liberty (forthcoming in the Iowa Law Review). I'm particularly pleased by the invitation, because I wrote the piece in conscious emulation of the kind of careful cataloguing of the capillaries of First Amendment doctrine that he does better than, well, anybody. The First Amendment provides in pertinent part: "Congress shall make no law… [read post]
11 Jan 2023, 7:15 am
Erica Hashimoto (Georgetown), Andrew Cornblatt (Dean of Admissions, Georgetown University Law Center) [read post]
1 Aug 2011, 4:00 am
Garnett, Andrew Koppelman, eds., Foundation Press 2011).From SmartCILP:William N. [read post]
17 Feb 2016, 11:04 am
” Lastly, Andrew Koppelman of Salon considers Scalia through the lens of the tragic figure Othello [read post]
