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Wednesday, April 17, 2019
FIU Law Review: Barnette at 75
I am happy to announce that the new issue of FIU Law Review is available online, featuring last fall's symposium Barnette at 75: The Past, Present, and Future of the Fixed Star in Our Constitutional Constellation. The hard version (which includes Q&A transcripts and a contribution from keynote speaker John Q. Barrett) should be available soon. Ron Collins wrote something up at FIRE. My introduction includes a discussion of an issue I have been playing with--whether, if you could establish state action (which I do not believe you can), the NFL violates the First Amendment by prohibiting players from kneeling during the anthem.
The TOC and links are available after the jump.
Volume 13, Number 4 (2019) Barnette at 75: The Past, Present, and Future of the Fixed Star in Our Constitutional Constellation
Front Matter
Introduction
Introduction: Barnette at 75
Howard M. Wasserman
Articles
Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship
Ronald K.L. Collins
“Good Orthodoxy” and the Legacy Of Barnette
Erica Goldberg
Barnette and Masterpiece Cakeshop: Some Unanswered Questions
Abner S. Greene
Deconstitutionalizing Dewey
Aaron Saiger
“Fixed Star” or Twin Star?: The Ambiguity of Barnette
Steven D. Smith
Posted by Howard Wasserman on April 17, 2019 at 01:38 PM in Article Spotlight, First Amendment | Permalink
Comments
Forget state action. Employment law bans discrimination on the basis of religion. Can you imagine Starbucks or Uber requiring employees or "contractors" to genuflect or say the rosary?
Posted by: Jimbino | Apr 23, 2019 1:05:50 PM