Summer School--2018

The pier at Sandbridge Beach (photo by Becca Duncan)



I have had a few questions about Summer School, so I thought I would post this short description of the course I am teaching this coming summer during the Second Summer Session.

The course is Con Law II: Religious Liberty and Freedom of Speech. It is a First Amendment course that focuses on religious liberty under the First Amendment--Establishment Clause, Free Exercise Clause and Free Speech as it impacts on ordinary people and groups (for example, public school students, government employees, and speakers wishing access to public fora) who find their speech restricted by government because of the content or viewpoint of the speech.

If you enjoyed our brief discussion of RLUIPA, you should really enjoy this course.

Here is why I am mentioning this: although the course is called Con Law II, please be aware that Con Law I is not a prerequisite. Con Law II is completely independent of Con Law I, and it is perfectly okay to take Con Law II before taking Con Law I. In fact, taking Con Law II in the summer of 2018 may help you hit the ground running when you take Con Law I in the Fall of 2018.

As much as I enjoy teaching Property, Con Law II: Religious Liberty and Freedom of Speech is my favorite class to teach. The issues are extremely interesting and important, and because the law in this area is in a constant state of transition and the Supreme Court is delicately balanced right now, this course is an intellectual feast.

Please don't hesitate to discuss this course with me if you have any questions.

Question for Today--Disproprtionate Impact & EPC

Should the Court hold that any law that has disproportionate racial effects constitutes racial discrimination  which triggers strict scrutiny under the Equal protection Clause? Why or why not?

Hobby Lobby as a Land Use Case

"Hobby Lobby as a Land Use Case: Charting For-Profit RLUIPA Claims" 
NYU Journal of Law & Liberty, Vol. 10, No. 2, 2016, Forthcoming

ROSS CAMPBELL, New York University (NYU), School of Law, Students
Email: rrc323@nyu.edu

Hobby Lobby has provoked much discussion. However, scarce attention has been given to its potential impact on RLUIPA litigation, particularly, the novel possibility of for-profit corporations asserting claims under this statute. There is little reason to suppose that Justice Alito's opinion on the scope of RFRA would not similarly apply to RLUIPA. Therefore, closely-held businesses, from big-box franchises to mom-and-pop shops, may be able to invoke federal protection against zoning decisions that burden their owner's religious exercise. How this complicates the balance of American federalism — by increasing federal interference with traditional state prerogatives over zoning, yet also generating new dialogue on the scope of individual rights — should be discussed and revealed in time.

You Are Invited to See a Legal Theatrical Play

As you may have guessed, I love both the law and the theatre. And what could be better than a theatrical play about Justice Scalia and his debates in chambers with one of his law clerks who disagrees with him about practically everything. And yet they respect each other.

So, I am showing a streaming version of The Originalist for my Con Law Seminar this Thursday at 4:30 PM in Room 113. I saw this play performed live (from the front row) in DC, and I have also viewed the streaming version. Both were excellent.

 With the permission of my seminar class, you (my Property class) are invited to attend. It will start at 4:30 PM on Thursday February 8 in Room 113.

This is optional of course. Just something to attend if you think you might enjoy this.