…reviewing another challenge to California’s restrictions, the Supreme Court recently observed in Ritesh Tandon that “[t]his is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of…
“Aiton Court” by Brendan Hart and Yasmin Mayat
…ActStop, an organization set up to fight or delay evictions, made it costly and inconvenient for the government. Eventually a 1982 Supreme Court ruling against the state made eviction without…
A Religious “Delaware”: Establishing a State Haven for Religious Corporations by Ian Speir
…court system—the Court of Chancery—dedicated to Delaware corporate law and staffed by judges with specialized expertise. Commentators often single out the Chancery Court as the most important factor in Delaware’s…
“Land is Kin” by Dana Lloyd
…paradigmatic property. At the time of writing this book, a case of this kind is making its way through the federal court system. Various Apache peoples are asking the court…
“Johnson v. M’Intosh, Plenary Power, and Our Colonial Constitution” by Alexandra Fay
…tribal land, Cherokee Nation petitioned the Supreme Court, asking for federal intervention. This petition relied on the Court’s authority to hear original cases between foreign states and states in the…
“COVID-19 and Religious Liberty” by Perry Dane
…at the behest of the government. But some resisted, surreptitiously or openly, and others have challenged closing orders in court. American courts, including the Supreme Court, have produced conflicting opinions…
“Who Arbitrates? Arbitrator Qualification Clauses in Religious Arbitration Agreements” by Michael A. Helfand
…constitute arbitration.” In addition, this sort of lack of neutrality might also support a court’s refusal to enforce an arbitration provision on unconscionability grounds. Finally, courts can vacate an arbitration…
“Comparative Answers to Contemporary Challenge of Legal Authoritarianism: The Case of Kuwait” by Courtney Freer
…blatantly undermine the constitution when a Constitutional Court has been established with the mission of protecting it? Since 1973, Kuwait has housed a Constitutional Court which holds the authority to…
“Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies” by Michael Welker and John Witte, Jr.
…Emory University. Recommended Citation Welker, Michael and John Witte, Jr. “Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies.” Canopy Forum, September 10, 2020. https://canopyforum.org/2020/09/10/character-formation-ethical-education-and-the-communication-of-values-in-late-modern-pluralistic-societies/…
“Contemporary Homeschooling: Black Children’s Best Interests, Freedom from Religion, and Anti-Racism” by Cheryl Fields-Smith and Andrea L. Dennis
…promote their children’s interests, and their reasoning finds support in United States Supreme Court decisions. In cases concerning families and children, the Court’s rulings repeatedly note that parents are obligated…