Amar, Mazzone, and Shapiro author article on Disney’s speech-retaliation case

In early 2024, a federal district court judge dismissed a lawsuit filed by the Disney Corporation against Florida officials for alleged retaliation against Disney’s opposition to certain Florida laws and policies by altering the board that regulates the land where Disney World is located. Professors Vikram Amar, Jason Mazzone, and Lena Shapiro collaborated in an article for Justia Verdict examining the complex constitutional issues raised by this decision. “If government is trying to retaliate against you because of your past speech, doesn’t that violate your First Amendment rights regardless of whether the retaliation takes the form of speech regulation itself?” the professors wrote.

Mazzone organizes conference at Harvard Law School on SCOTUS history and tradition

On February 17–18, 2024, the College of Law’s Program in Constitutional Theory, History and Law co-sponsored a conference at Harvard Law School on the Supreme Court’s uses of “history and tradition” in determining the existence and scope of constitutional rights. The conference, organized by Program Director Professor Jason Mazzone and Richmond Law Professor Kurt Lash, brought together leading constitutional scholars to present papers that will soon be published in the Harvard Journal of Law and Public Policy. Judge Kevin C. Newsom of the U.S. Court of Appeals for the Eleventh Circuit was the keynote speaker, and in his remarks he offered a vigorous criticism of invocations of tradition in interpreting the Constitution. The New York Times has reported on the conference and on the challenges that Judge Newsom’s keynote raised.

Amar and Mazzone publish new article on ballot counting lawsuit in Mississippi

A recent lawsuit filed by the Republican National Committee and other plaintiffs challenges Mississippi’s practice of counting mail-in ballots received within five business days after “Election Day.” This practice, similar to elections in other states, could face major disruption if the lawsuit succeeds, affecting the upcoming congressional and presidential elections. Writing at Justia Verdict, Professors Vikram Amar and Jason Mazzone argue the lawsuit’s chances of success seem low, as it hinges on a weak theory of illegality, and the distinction between voting and counting ballots after Election Day presents complexities that undermine the plaintiffs’ claims.

Read the full article online.


End of eviction moratoria did not increase renter anxiety, new report from Mazzone and Wilson finds

When the COVID-19 pandemic disrupted life in unprecedented ways, one of the most consequential was the suspension of eviction hearings and moratorium on evictions imposed by the CARES Act. When evictions proceeded again, many predicted a housing crisis would follow, but this was not borne out in Census Bureau survey data from 2020 through 2023, Likewise, anxiety about eviction among renters never reached levels feared and has fallen as the moratoria recede into history. Professors Jason Mazzone and Robin Fretwell Wilson explore these findings in a new Policy Spotlight.

Read the full PDF on the Institute of Government and Public Affairs website.

Mazzone writes op-ed on upcoming SCOTUS term

The First and Second Amendments, federal government powers, the prosecution of former President Donald Trump, and ethics are among the topics Professor Jason Mazzone is anticipating will dominate the upcoming Supreme Court term. Writing at the News-Gazette, Mazzone highlights the cases and issues that could prove monumental. In his opinion piece, he goes through high- and lower-profile cases that “might sound nerdy” but “could significantly impact the lives of many Americans.”

Mazzone co-organizes international conference on the topic of landmark judgments in constitutional cases

On September 14-15, 2023, the Program in Constitutional Theory, History and Law was the co-sponsor of an international conference in Bologna, Italy, on the topic of landmark judgments in constitutional cases. The conference, organized by program director Jason Mazzone in collaboration with Professors Francesco Biagi (University of Bologna) and Justin Frosini (Bocconi University), brought together scholars from around the world to examine the designation, significance, and trajectory of landmark cases in different nations. Mirosław Granat, former Justice of the Constitutional Court of Poland, gave the conference keynote address. Papers from the conference will be published next year as a book. The conference was the fifth meeting of the Illinois-Bologna series in Constitutional History: Comparative Perspectives. 

Hunter and Mazzone share stories of SCOTUS background research on podcast

When an individual is nominated to a spot on the Supreme Court, the confirmation process requires a remarkable amount of background work. In fact, it is common for each piece of published material ever produced by the candidate to be scrutinized during confirmation, requiring a number of experts to assist the elected representatives in the process. On the Lost in the Stacks podcast, Professors Pia Hunter and Jason Mazzone share engaging and humorous stories of their work assisting in the confirmation of Justice Ketanji Brown Jackson.

Mazzone speaks to Army Times about a court ruling that could overturn federal control of the National Guard

Should states or the federal government have control over the National Guard? A recent ruling from the 5th Circuit has set up a battle over this question and made the matter more complicated than before. Army Times spoke to Professor Jason Mazzone, who was cited in the 5th Circuit opinion, to help clarify some of the issues at stake. He also gave an interview to Veterans Radio on the same topic.

Mazzone speaks to ABC News (Springfield) about the end of affirmative action and how it will impact universities

In the wake of the Supreme Court decision to overturn affirmative action earlier this summer, Professor Jason Mazzone speculated that it would be harder for universities to achieve diversity goals, especially for schools that are more selective in their admissions process. 

“If those schools became less selective in their admissions, then they wouldn’t have a problem bringing in larger numbers of students from a wider set of backgrounds,” Mazzone said.

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