What We’re Reading

Here is some of the legal scholarship Benchwarmers is reading this week. Topics include federal Indian law, education, personal jurisdiction, and appellate certification of state law questions. Articles sourced from the latest issues of the Boston University Law Review, the Emory Law Journal, and the Northwestern Law Review, as well as last month’s issue of the Duke Law Journal.

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Fides et Ratio: Espinoza v. Montana Dept. of Revenue

Fides et ratio, or “faith and reason,” was the penultimate encyclical of Pope John Paul II. He argued that faith and reason do—and must—go hand in hand. Doubtless, among those who would agree with this principle are the Montana parents who sued in Espinoza v. Montana Dept. of Revenue to send their children to parochial schools after winning tax-credit-funded scholarships. At first, the parents lost; the Montana Supreme Court invalidated the entire scholarship program. Last week, however, the U.S. Supreme Court reversed that decision by a 5:4 vote, concluding that it violates the Free Exercise Clause of the First Amendment to strike down the program under a version of the Blaine Amendment in the Montana state constitution. Here’s my analysis.

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July? Julying! Weekly Brief for June 29

For the first time since 1996, the Supreme Court’s term has officially extended into the month of July. The Court decided five cases this week, touching on abortion, free speech, religious liberty, administrative agencies, and copyright law. It also added four cases to next term’s docket, one of which concerns the release of grand jury materials from Special Counsel Mueller’s investigation into Russian meddling in the 2016 election. Here’s a recap of the Court’s busy week.

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This Week’s Brief: January 20

The Court concluded its January sitting this week. It heard arguments in three cases, ranging from the Armed Career Criminal Act to contract and arbitration law to the Religion Clauses of the First Amendment. The Court issued no decisions, although Justice Breyer did pen a short statement relating to Monday’s orders list. Finally, the Court declined to expedite consideration of the twin “Obamacare” cases out of the Fifth Circuit Court of Appeals. Here’s your brief for the week of January 20.

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