On Monday the Supreme Court heard arguments in Christian Legal Society v. Martinez, a case that pitted the right to free association against the principle of non-discrimination. Hastings College of Law in San Francisco, part of the University of California system, has a policy stating that recognized student organizations “shall not discriminate unlawfully on the […]
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By Edward Blum As the saying goes, “fuzzy law begets controversy”, and nothing has proven this maxim better than the Supreme Court’s 2003 landmark ruling on “diversity” in higher education. Lacking clarity, the ruling has left individual institutions to interpret how to achieve diversity on their campuses, stoking never-ending conflict over race and admissions. However, […]
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Professor Johnny R. Buckles of the University of Houston Law School has written and posted a hypothetical Supreme Court case on the Solomon Amendment and whether private law schools can restrict military recruiting over the don’t-ask-don’t-tell policy. Hint as to how the decision comes out: the Chief Justice is named “Orthodoxy” and the dissent is […]
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The Supreme Court’s Morse v. Frederick decision was questionable on several grounds. In upholding a high school’s right to regulate student speech “reasonably regarded as encouraging illegal drug use,” the justices took the student banner “Bong Hits for Jesus” much too seriously. Was it an argument for student access to drugs or a jokey stunt […]
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