Podcast appearances and mentions of william eskridge

In this week's episode, Jeremi and Zachary are joined by Sanford Levinson to discuss the 2000 election, the Supreme Court decision that finalized it, and how this decision has had ramifications throughout modern history. Zachary sets the scene with his poem entitled, "The Court Has Stopped the Count" Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010. He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.

The Supreme Court’s decisions in 303 Creative LLC v. Elenis and in Groff v. DeJoy posed issues about religious freedom in the workplace and religiously motivated speech in the marketplace. This panel will consider the cases and their implications for religious freedom, especially how future cases might apply the tests articulated by the Court for “substantial costs” to a business for making an accommodation in Groff, and for what counts as expressive messages protected against the application of state anti-discrimination laws under 303 Creative. The panel will also consider the broader question of if there is value in accommodating religion in the workplace despite conflicts with employer preferences, and likewise, if there is a value in accommodating businesses (especially small businesses, where this typically arises) in light of broader societal preferences (such as non-discrimination law). Observers indicate that Title VII represents statutory values and 303 Creative raises Free Exercise constitutional values, but both cases pose questions about making room for faith in public life.Featuring:Prof. William Eskridge, Alexander M. Bickel Professor of Public Law, Yale Law SchoolMr. Aaron Streett, Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLPMr. Adam Unikowsky, Partner, Jenner & Block LLPMs. Kristen K. Waggoner, General Counsel, Alliance Defending FreedomModerator: Hon. S. Kyle Duncan, United States Court of Appeals, Fifth CircuitOverflow: Cabinet & Senate Rooms

We're joined again today by Christopher R. Riano, the president of the Center for Civic Education and co-author, with William Eskridge, of Marriage Equality: From Outlaws to In-laws, winner of the American Bar Association's Silver Gavel Award. We ask him: What were some early LGBTQ+ rights questions that the community faced, particularly following what happened at Stonewall? Center for Civic Education

What were the Stonewall Riots and why are they seen as such an important milestone in the LGBTQ+ rights movement? Find out today as we launch a special weeklong series of LGBTQ+ Pride Week podcasts with our special guest, Christopher R. Riano, the president of the Center for Civic Education and co-author, along with William Eskridge, of Marriage Equality: From Outlaws to In-laws. Center for Civic Education

We're joined again today by Christopher R. Riano, the president of the Center for Civic Education and co-author, with William Eskridge, of Marriage Equality: From Outlaws to In-laws, winner of the American Bar Association's Silver Gavel Award. We ask him: What were some early LGBTQ+ rights questions that the community faced, particularly following what happened at Stonewall? Center for Civic Education

What were the Stonewall Riots and why are they seen as such an important milestone in the LGBTQ+ rights movement? Find out today as we launch a special weeklong series of LGBTQ+ Pride Week podcasts with our special guest, Christopher R. Riano, the president of the Center for Civic Education and co-author, along with William Eskridge, of Marriage Equality: From Outlaws to In-laws. Center for Civic Education

The push for anti-LGBTQ+ policies, like Florida's "Don't Say Gay" law, is gaining traction around the country. On Today's Show:William Eskridge, Yale Law School professor and author of many books, including Marriage Equality: From Outlaws to In-Laws (Yale University Press, 2020), reflects on how transphobia has replaced homophobia as the most common form of hate and fearmongering directed toward LGBTQ folks, as well as the combination of hate and fear that the term "phobia" suggests.

To kick off Pride Month, William Eskridge, Yale Law School professor and author of many books, including (with Christopher Riano) Marriage Equality: From Outlaws to In-Laws (Yale University Press, 2020), reflects on how transphobia has replaced homophobia as the most common form of hate and fearmongering directed toward LGBTQ folks, as well as the combination of hate and fear that the term "phobia" suggests.

We're joined again today by Christopher R. Riano, the president of the Center for Civic Education and co-author, with William Eskridge, of Marriage Equality: From Outlaws to In-laws, winner of the American Bar Association's Silver Gavel Award. We ask him: What were some early LGBTQ+ rights questions that the community faced, particularly following what happened at Stonewall? Center for Civic Education

What were the Stonewall Riots and why are they seen as such an important milestone in the LGBTQ+ rights movement? Find out today as we launch a special weeklong series of LGBTQ+ Pride Week podcasts with our special guest, Christopher R. Riano, the president of the Center for Civic Education and co-author, along with William Eskridge, of Marriage Equality: From Outlaws to In-laws. Center for Civic Education

This episode, “Marriage Equality in Minnesota: A Horatio Ellsworth Kellar Webinar,” is from an online discussion examining marriage equality and its history in Minnesota. This virtual event featured Minnesota Law Alumnus Jack Baker and Michael McConnell, the first legally married same-sex couple in the history of the United States, and an overview of the 2012 marriage amendment campaign and the 2013 adoption of same-sex marriage by statute in Minnesota. The panel discussion also includes: William Eskridge, the John A. Garver Professor of Jurisprudence at Yale Law School, and Christopher R. Riano, President of the Center for Civic Education and a Lecturer at Columbia University, who discuss their book, The Marriage Equality Debate: From Outlaws to In-Laws, as well as the history of same-sex marriage in Minnesota; Gail Langer Karwoski an author and educator based in Athens, Georgia who worked with Baker and McConnell on a book titled, The Marriage Heard ‘Round the World Cristine Almeida, Attorney at Law and Owner of Almeida Public Affairs, and Richard Carlbom, Founder of United Strategies, Who both guide a discussion about the 2012 marriage amendment campaign and the 2013 adoption of same-sex marriage by statute in Minnesota. Dean Garry W. Jenkins opens with remarks and an overview of the history of same-sex marriage in Minnesota. Dale Carpenter, constitutional law professor at SMU Dedman School of law and former Minnesota Law Faculty member, moderates the remainder of the 90 minute discussion. A note for listeners: Please be advised that, during this discussion, a brief video is played that contains strong language. This webinar was originally recorded on October 15, 2020. Subscribe to the Minnesota Law podcast feed on SoundCloud, or via your preferred podcast network, for more LawTalk episodes, as well as other podcast content produced by Minnesota Law. Watch a rebroadcast of the webinar here: https://youtu.be/UtmGsXzENdE Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.

William Eskridge, a professor at Yale Law School and author of the forthcoming book "Marriage Equality: From Outlaws to In-Laws," discusses this week's historic Supreme Court ruling that protects gay and transgender rights in the workplace. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Where federal courts, national security, and subtle but important problems lurk, you’ll find Steve Vladeck explaining things. Steve joins us to talk about a seemingly narrow question of the proper application a statute prohibiting civil-office holding by military officers. The issue, though, could hardly be more far-reaching, asking us to consider the principles of civilian control of the military and military non-control of civil life. Also, a little on the use of “treason” to describe the allegations of the Trump campaign’s collusion with Russian operatives and Flynn’s work for Turkey. This show’s links: Steve Vladeck’s faculty profile (https://law.utexas.edu/faculty/stephen-i-vladeck), academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=362455), and blogging on Lawfare (https://lawfareblog.com/contributors/svladeck) The National Security Law Podcast (https://www.nationalsecuritylawpodcast.com) and in particular episode 21: A Military Commissions Deep Dive (https://www.nationalsecuritylawpodcast.com/episode-21-a-military-commissions-deep-dive/) Steve Vladeck, An Unconventional Test Case for Civilian Control of the Military (https://lawfareblog.com/unconventional-test-case-civilian-control-military) SCOTUSblog page for Dalmazzi v. United States (http://www.scotusblog.com/case-files/cases/dalmazzi-v-united-states/) (containing links to the opinion below and all briefing) Edmond v. United States (https://scholar.google.com/scholar_case?case=378350361225082100) In re Al-Nashiri (https://scholar.google.com/scholar_case?case=1182013408965603282) Steve Vladeck, The Misbegotten Court of Military Commission Review (https://www.lawfareblog.com/misbegotten-court-military-commission-review) Christian Turner, Submarine Statutes (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2913641) William Eskridge and John Ferejohn, Super-Statutes (http://scholarship.law.duke.edu/dlj/vol50/iss5/3/) Kathleen McInnis, Statutory Restrictions on the Position of Secretary of Defense: Issues for Congress (https://fas.org/sgp/crs/natsec/R44725.pdf) (an excellent and highly readable Congressional Research Service report on civilian control of the military and civil-military relations) Steve Vladeck, [Calling it] Treason Doth Never Prosper… (https://www.justsecurity.org/39204/calling-it-treason-doth-prosper/) Diane Mazur, A More Perfect Military (https://www.amazon.com/More-Perfect-Military-Constitution-Stronger/dp/0195394488) Special Guest: Steve Vladeck.

Friend of the show and treasured guest Anthony Kreis returns to talk about important recent developments in legal protection of gay rights. We discuss the recent spate of appellate decisions finding discrimination against gay employees violates the Civil Rights Act, including a remarkable concurrence by Judge Posner. The interesting issue, though, is why. This show’s links: Anthony Kreis’s faculty profile (https://www.kentlaw.iit.edu/faculty/full-time-faculty/anthony-michael-kreis), his writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2277553), and his twitter feed (https://twitter.com/AnthonyMKreis) Oral Argument 36: Firehose of Equality (http://oralargument.org/36) (Anthony’s last, historic guest appearance on the show) Anthony Kreis, Against Gay Potemkin Villages: Title VII and Sexual Orientation Discrimination (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2944046) Seventh Circuit, Hively v. Ivy Tech Community College (https://scholar.google.com/scholar_case?case=3783878574608367042) (includes the concurrence of Judge Posner that occupies much of our discussion) Second Circuit, Anonymous v. Omnicom Group (https://scholar.google.com/scholar_case?case=1449039503425455437) Eleventh Circuit, Evans v. Georgia Regional Hospital (https://scholar.google.com/scholar_case?case=6662354858682210483) William Eskridge and John Ferejohn, [Super-Statutes][eskridge] [eskridge]: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1108&context=dlj Special Guest: Anthony Kreis.

Justice Scalia also greatly influenced the law of statutory interpretation. By eliminating legislative history as a source of statutory meaning, Justice Scalia forced Congress to say what it meant in the text of the laws it adopted rather than hiding the ball in a forest of contradictory legislative history. Justice Scalia construed statutes by looking at the plain meaning of their texts. He revived the canons of statutory interpretations, which had fallen into disuse since the Legal Realist movement of the 1930's and 1940's. He even wrote a treatise on statutory interpretation, which no justice other than Justice Joseph Story in the early Nineteenth Century had done. In the Warren Court era, statutory cases rarely quoted the text of the statutes being interpreted and focused instead exclusively on the legislative history. Justice Scalia helped change that. Courts today always begin with the text of statutes and rarely look at the legislative history. Justice Scalia also played the key role in developing the doctrine of Chevron deference in Administrative Law, moving the interpretation of ambiguous delegations of legislative power to elected executive branch officials and away from courts. While it is clear why Justice Scalia expressed these views, he was also expressing, in the last years, great concern about how Chevron deference was working in practice. -- This panel was held on November 19, 2016, during the 2016 National Lawyers Convention in Washington, DC. -- Featuring: Prof. William Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School; Prof. Abbe R. Gluck, Professor of Law and Faculty Director, The Solomon Center for Health Law and Policy, Yale Law School; Prof. Gary S. Lawson, Philip S. Beck Professor of Law, Boston University School of Law; and Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center. Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals, Seventh Circuit. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

This is the week the circuits split. We discuss Judge Sutton’s opinion for a panel of the Sixth Circuit upholding bans on gay marriage in several states. Although Joe and Christian mainly agree about this case, Joe finds plenty of other things Christian says and does to be irritating, especially during our first eighteen minutes when we discuss feedback. This show’s links: Michael Dorf, Why Danforth v. Minnesota Does Not Undermine My View About State Court Decisions to Follow Lower Federal Court Precedent Our episode with Peabody award winner, Tom Goldstein About typefaces (and the difference between typefaces and fonts) About King v. Burwell, the case the Supreme Court has taken up challenging subsidies on federally run exchanges; see also Christian’s take and Abbe Gluck’s The Unrecorded Podcast Michelle Meyer, Will the Real Evidence-Based Ebola Policy Please Stand Up? Seven Takeaways from Maine DHHS v. Hickox (which Christian wrongly attributed to Hank Greely, who has also written on Ebola, but is in fact from fantastic friend of the show Michelle Meyer - sorry Michelle), further to our last episode on the domestic side of the Ebola DeBoer v. Hodges, the Sixth Circuit decision by Judge Sutton upholding various state marriage bans Oral Argument 36: Firehose of Inequality (guest Anthony Kreis) Baskin v. Bogan, Judge Posner’s decision striking down state marriage bans and Christian’s post about the Seventh Circuit’s oral arguments in that case About Baker v. Nelson Hicks v. Miranda Loving v. Virginia Plessy v. Ferguson Romer v. Evans Balkinization Symposium on Unconstitutional Animus (We’d apologize for the error of attributing this to SCOTUSblog, but we don’t have time to apologize for all of our errors.) William Eskridge, Jr. A History fo Same Sex Marriage

With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America. • Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade. • William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state. These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements. Thanks to our sponsor, Clio.

Festschrift in honor of Philip Frickey, Alexander F. and May T. Morrison Professor of Law, Berkeley Law Plenary Session 1 - Constitutional Law Moderator:  Goodwin Liu, Professor of Law; Associate Dean, JD Program & Curriculum Planning; Co-Director, Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity, Berkeley Law Panelists: William Eskridge, Jr., John A. Garver, Professor of Jurisprudence, Yale Law School, Robert C. Post, David Boies Professor of Law, Yale Law School, Ernest A. Young, Professor of Law, Duke University School of Law  

Festschrift in honor of Philip Frickey, Alexander F. and May T. Morrison Professor of Law, Berkeley Law Plenary Session 1 - Constitutional Law Moderator:  Goodwin Liu, Professor of Law; Associate Dean, JD Program & Curriculum Planning; Co-Director, Chief Justice Earl Warren Institute on Race, Ethnicity & Diversity, Berkeley Law Panelists: William Eskridge, Jr., John A. Garver, Professor of Jurisprudence, Yale Law School, Robert C. Post, David Boies Professor of Law, Yale Law School, Ernest A. Young, Professor of Law, Duke University School of Law