If you are interested in racial classifications and equality, consider reading Prof. David Bernstein's new book, Classified; The Untold Story of Racial Classification in America: link
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Sunday, November 27, 2022
Racial Classifications and the Law
Thursday, November 24, 2022
Con Law II Spring 2023 Required Casebook
Be sure to purchase the 16th edition, not one of the earlier editions:
Varat, Amar & Caminker, Constitutional Law: Cases and Materials (Foundation Press 16th edition 2021) (ISBN: 978-1-64708-361-8)
Monday, November 21, 2022
Solzhenitsyn: Which is Higher--Law or Morality?
“It is widely accepted among lawyers that law is higher than morality - law is something which is worked out and developed, whereas morality is something inchoate and amorphous. That isn't the case. The opposite is rather true!” --Aleksandr Solzhenitsyn
Should law reflect morality? Or should morality reflect law?
Sunday, November 13, 2022
If You Are Censored or Cancelled
If You Are Censored or Cancelled: One of my obligations to my students is to make sure their First Amendment rights are respected and protected here in the Law College. If you are the victim of censorship, whether based upon something you said on campus or off campus, I am always available to talk with you about it. You have strong First Amendment rights. And the Law College has made a commitment to diversity, inclusion, free speech, and community which should transcend ideological differences.
Pro tip: if you are ever called into an administrator's office based upon something you said, make sure to record the meeting to ensure that you have an accurate account of what you supposedly said, what the complaint against you is, and why the administrator believes your speech needs correction. Be polite, but also be courageous. Ask the Administrator about the Free Speech Clause and how it applies to state universities. Students have powerful free speech rights, and an accurate record may prove to be of critical importance to protecting your constitutional rights.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...