Constitutional Law
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Scholarship lawsuit might be looking for (legal) meaning in all the wrong places
“Original public meaning” is the best standard for understanding the law. It focuses on the actual language of the law, not on the subjective intent of those who had a role in creating it.
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Why the Ninth Circuit unanimously tossed the Huntsman tithing lawsuit
Four judges in concurring opinion say the case was a “transparent fight about the current course of the Church masquerading as a civil lawsuit.”
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Understanding Utah’s app store bill
Given the risk of social media and other technologies to children, it is reasonable for Utah to ensure parents can be involved in decisions about their use.
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New Supreme Court case at intersection of religion and parents’ rights in education
Despite state law, Maryland school district declined to give parents notice of teaching of sensitive sexuality-related topics and the ability to opt their children out. The parents sued.
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Parents can’t be involved in child’s app downloads? That’s a legal stretch
The right of free speech does not include a right to have an audience of minors whose parents are unaware of or uninvolved in their use of technology.
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As Hamilton said, judges must be ‘faithful guardians of the Constitution’
Utah’s judicial selection and retention process focuses on basic competence but gives little attention to critical questions about judicial philosophy and dedication to the Constitution itself.
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Ninth Circuit slaps down California’s denial of special ed funds for religious schools
Following Supreme Court precedent, the court holds that excluding religious schools from a grant program is unconstitutional discrimination against religion and a violation of religious freedom.
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As election season winds down, the U.S. Supreme Court term has just begun
The Supreme Court is being petitioned to consider three cases on religious freedom. Here’s why the court should take them on.
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Take a step back from the ballot initiative hot takes and take a look at the big questions
How could the Utah Supreme Court conclude that the constitution’s reference to “legislative power” contains an unwritten limitation on that power?
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9th Circuit upholds religious universities’ Title IX exemptions
If it chose to act, Congress could further secure the religious freedom protections upheld by the court.