2019 Annual Volume Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Article By: Clay Calvert 47 PEPP. L. REV. 1 (2019) This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National …

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2019 Annual Volume A Call for America’s Law Professors to Oppose Court-Packing

A Call for America’s Law Professors to Oppose Court-Packing

Article By: Bruce Ledewitz 2019 PEPP. L. REV. 1 (2019) A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency …

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2019 Annual Volume Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Article by: Aaron Belkin 2019 PEPP. L. REV. 19 (2019) Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration …

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