Enforce the Law Act—So Much for Libertarian Values Favoring Personal Freedom, States’ Rights, and Restrictive Standing Rules

During this last week, the House of Representatives voted to enact the Enforce the Law Act by a vote of 233-181.  The bill is unlikely to be adopted in the Senate, but it lends itself to conservative “talking points” about the Obama Imperial Presidency, so it struck republicans in the House as a worthwhile move.  […]

Rick Perry, Religious Freedom, and Prayer in Public Schools

Governor Rick Perry remains a potential 2016 presidential candidate, and he just made a rousing speech at the CPAC conservative conference.  Perry will almost certainly be ready to go, especially if other potential candidates fall off.  One of his central themes has always been that he is Fed Up—the name of his book—with the federal […]

The LGBT Community’s Right Against Invidious Discrimination and the Proper Scope of the Right to the Free Exercise of Religion

The Culture Wars continue unabated, and sometimes the fight is only resolved in court—but, sadly, individual constitutional battles often embody conceptual confusion as much as an authentic dispute of the nation’s fundamental values.  The classic example is the newly enacted legislation in Arizona designed to protect the religious freedom of individuals and businesses who see […]

Nevada and the Dam Breaking on the Same Sex Marriage Debate

There’s an old saying that, despite occasional claims that courts are just “umpires” who decide what the law requires and follow it, it is still true that courts do follow the election returns.  As the nation has evolved, quite dramatically in recent years, to embrace the idea of marriage equality, judges have increasingly found themselves […]

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The Political Standing of Gays and Evangelicals

It has been almost two years since I reviewed a book by tea party constitutional guru, Cleon Skousen, The Five Thousand Year Leap:  28 Great Ideas That Changed the World (Ann. Ed. 2009).  See Cleon Skousen, the Tea Party, and Equal Rights Before the Law, April 12, 2012, in McAffee Machinations.  In that book Professor […]

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Religious Liberty, Gay Marriage, and Sexual License

I recently attended a conference sponsored by a law school in this region. The conference held a couple of panel discussions that related to themes of religious liberty and the threats it arguably faces today.  When I returned home, I wrote—via e-mail—to an old friend who teaches at the sponsoring law school.  The following is […]

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Some First Things of Constitutionalism

The comments were originally delivered at ”The Natural Law Challenge to Conservative Jurisprudence,” a conference hosted at the William S. Boyd School of Law in April. Professor McAffee’s talk on legal positivism was in response to Dr. Hadley Arkes‘ talk on natural rights as the foundation for constitutionalism.  I first want to try to make clear […]

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“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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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 […]

Right to “Vote with their Feet” Odious

This article originally appeared in the Las Vegas Review-Journal. On November 26, a federal district court ruled against eight same-sex couples seeking […]

“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 […]

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 […]

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 […]

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,” […]