by technology@hastingslawjournal.org | Aug 25, 2023 | Volume 74, Issue 6
Robert A. Destro Volume 74, Issue 6, 1683-1750 “Constitutional lawsuits are the stuff of power politics in America. The Court may be, and usually is, above party politics and personal politics, but the politics of power is a most important and delicate function, and...
by technology@hastingslawjournal.org | Aug 25, 2023 | Volume 74, Issue 6
Andrew Koppelman Volume 74, Issue 6, 1751-1762 Today’s Supreme Court is so predisposed to find discrimination against religion that it declared it to be present in a case where the discriminator was obeying the Court’s own commands. In Kennedy v. Bremerton School...
by technology@hastingslawjournal.org | Aug 25, 2023 | Volume 74, Issue 6
Ira C. Lupu & Robert W. Tuttle Volume 74, Issue 6, 1763-1812 The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress may not enact laws respecting an establishment of religion—in particular, acts of worship, religious...
by technology@hastingslawjournal.org | Aug 25, 2023 | Volume 74, Issue 6
John Witte, Jr. & Eric Wang Volume 74, Issue 6, 1813-1848 The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the...
by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Tomer S. Stein Volume 74, Issue 5, 1281-1330 Corporate law is dominated by an equity-only view of corporate governance that centers on management-shareholder dynamics. This Article expands the management-shareholder paradigm by developing a novel integrated theory of...
