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denigrated.”). the yale law journal 123:3076 2014 3084 It is Lawrence, then, not Windsor, that revived the “lost logic” of Brown. Indeed
employer, or to punish an employer’s “unfair labor practice,” its violation of labor law (but not other laws). A host of reasons that workers might
practice,” its violation of labor law (but not other laws). A host of reasons that workers might want to protest are unprotected—Minneapolis bus drivers
most expansive antidiscrimination laws in the nation.16 Colorado’s voucher law—the most 9. See Letter from the American Association of School
addressing the involvement by state and local law enforcement officers in federal enforcement of immigration laws, DHS concluded that this guidance would
Law Journal [Vol. 114: 1133 INTRODUCTION Last Term, the Supreme Court upheld for the first time Congress’s effort to enforce the Due Process
criminal penalties, today the inclination of lawmakers and prosecutors is to make criminal law reach further and cover more terrain.1 This
The prudent filmmaker would consult her lawyer, who would tell her that copyright law does indeed cover architectural, pictorial, and musical
2 1. See Rebecca Tushnet, Copyright as a Model for Free Speech Law: What Copyright Has in Common with Anti-Pornography Laws, Campaign Finance
constitutional lawyers from tapping their intellectual re- sources. The leading constitutional law treatments of interbranch conflict instead abstract away