Monthly Archives: April 2015

Continuing the Fight for Net Neutrality

By Julia Graber* On February 26th, something historic happened: The public interest won at the FCC. After millions of people filed comments urging the agency to keep the Internet open, the FCC voted to adopt strong Net Neutrality rules. In doing so, the FCC not only opposed the cable companies trying to kill Net Neutrality,…

Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground?

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Abner S. Greene’s Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground? Professor Greene, who is the Leonard F. Manning Professor at Fordham Law School, writes: The question will always be in…

The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Marci A. Hamilton’s The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy. Professor Hamilton, who holds the Paul R. Verkuil Chair in Public Law at…

The Satanic Temple, Scott Walker, and Contraception: A Partial Account of Hobby Lobby’s Implications for State Law

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Kara Loewentheil’s The Satanic Temple, Scott Walker, and Contraception: A Partial Account of Hobby Lobby’s Implications for State Law. Ms. Loewentheil, a Research Fellow and Director of the Public Rights/Private Conscience at Columbia…

A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Alex J. Luchenitser’s A New Era of Inequality? Hobby Lobby and Religious Exemptions from Anti-Discrimination Laws. Mr. Luchenitser, Associate Legal Director for Americans United for Separation of Church and State, discusses the aftermath of the Supreme Court’s Hobby…

Religion and Marriage Equality Statutes

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Nelson Tebbe’s Religion and Marriage Equality Statutes. Professor Tebbe, a visiting professor at Cornell Law School, writes: To date, every state statute that has extended marriage equality to gay and…

What Really Happened in Indiana?

By Allison Schultz On March 26th, Indiana Governor Mike Pence signed Indiana’s Religious Freedom Restoration Act (RFRA) into law. Unlike the federal RFRA and most other state RFRAs, Indiana’s law explicitly stated that it could be invoked as a defense in private litigation — lawsuits in which the government is not a party. As the…

Trans-Injustice: Prejudice & Fear Dominate First Circuit Opinion

By Amy Fettig Even as transwomen like Laverne Cox and Janet Mock grace the cover of Time magazine or facilitate dialogue on MSNBC, the reality is that trans people, and transwomen in particular, still can’t get justice in our federal courts.  But now there’s a chance that too could change.  Last week a petition for…

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