Chemerinsky comes to UNLV, speaks on DOMA

By Gigi Generaux On Saturday, March 30th, constitutional law scholar Erwin Chemerinsky came to speak on the question of marriage equality at the William S. Boyd School of Law on the University of Nevada, Las Vegas campus. Chemerinsky is founding dean of the University of California, Irvine, School of Law, a former professor of the Duke [...]

“Whiteness of Whiteness” Resists The Voting Rights Act

By Dylan Kama This article originally appeared in The Nevada View.  The United States Supreme Court has begun hearing oral arguments in the case Shelby County v. Holder, which examines the constitutionality of Section 5 of the Voting Rights Act.  Section 5 requires a process called “pre-clearance,” whereby a panel of judges determines whether a state’s change [...]

Cadish Out, Political Extremism In

It’s undoubtedly a sign of the times that a perfectly well qualified nominee for a federal judgeship could be essentially vetoed by her home-state Senator for having once stated the “wrong” opinion on the nature of the right guaranteed by the Second Amendment. On March 8, Judge Cadish, a Nevada judge who had been nominated [...]

Revisiting Racial Profiling and Stop and Frisk–the Need to Draw Lines

This blog has published The Supreme Court and the Practice of Racial Profiling/Racialized Policing.  And it included an article I wrote that was just published. Setting Us Up for Disaster:  The Supreme Court’s Decision in Terry v. Ohio,  12 Nev. L. J. 609 (2012). Illustrative of the analysis supplied in the described article is the [...]

Recent News

“The Natural Law Challenge to Conservative Jurisprudence”

Date: Tuesday, April 16th, 2013 Time: 12:00 pm Location: UNLV Moot Court On Tuesday, April 16, the William S. Boyd School of Law will present a Continuing Legal Education class entitled “The Natural Law Challenge to Conservative Jurisprudence” featuring Professor Thomas McAffee, the William S. Boyd Professor of Law at UNLV, and Dr. Hadley Arkes, [...]

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Right to “Vote with their Feet” Odious

By Professor Thomas McAffee This article originally appeared in the Las Vegas Review-Journal. On November 26, a federal district court ruled against eight same-sex couples seeking the freedom to marry in Nevada. In the case, the plaintiffs argued that Nevada’s current law—which excludes same-sex couples from marriage by relegating them to the second-class status of domestic partnership—violated [...]

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The Religious Test Clause Revisited: Violating Its Spirit If Not Its Letter

In a selection appearing in the Christina Newswire, April 12, 2012, Bill Keller, characterized as “the world’s leading Internet Evangelist,” queries the title asks:  Why Would Christians Vote for Romney and Listen to Beck, Both Cult Members?  In a prior entry to this blog, we took up the subject of the Religious Test Clause—the provision [...]

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Cleon Skousen, the Tea Party, and Equal Rights Before the Law

 A good friend of mine is extremely sympathetic to the Tea Party movement.  She urged me to read the book, The Five Thousand Year Leap:  28 Great Ideas That Changed the World (Ann. Ed. 2009).   Its author, Cleon Skousen, has been described, by Jeff Rosen of George Washington University Law School, as “the constitutional guru [...]

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Religious Liberty—the Freedom to Rule and the Freedom to be an Individual: The Letter and the Spirit

I note in my constitutional law class that the generation that founded the American Constitution could frequently use the word [...]

Mitt Romney, Rick Santorum, and the Spirit of the Religious Test Clause of Article VI

The Tea Party movement, and an increasing number of members of Congress, has invoked the Constitution as supporting efforts to [...]

National Powers

IV.       The Distribution of National Powers A.  Introduction  The federal system distributes power vertically–between the nation, on the one hand, [...]

The War on Terror and the Imperious Presidency

Watch your thoughts; they become words. Watch your words; they become actions. Watch your actions; they become habits. Watch your [...]

Waging War on the Many by the Few: The Interrelation of Occupy Wall Street, Contraception Coverage, and Welfare Drug Testing

Upon the widening disparity of incomes, corporate dabbling in political processes, and sordid greed displayed by the nation’s largest banks, [...]

Lawrence O’Donnell’s Ad Hominem Attack on Mitt Romney, Proxy Baptisms

As a progressive with a Mormon heritage, this year has been a difficult one, as I’ve been forced to witness [...]