In addition to his business law experience, Marc has been active in constitutional law advocacy, writing and publishing a number of papers and participating in Supreme Court cases as amicus curiae, where arguments and language from his briefs have been used by Justices in the Hobby Lobby and same sex marriage case opinions. Marc's advocacy work on the legality of foreign boycotts has been cited and incorporated in the work of many rights organizations and his paper on the so-called "BDS Movement" was cited by the Supreme Court of Israel in its recent decision to uphold Israel's domestic anti-boycott law. Marc's advocacy work is carried out through a separate legal foundation, the Zachor Legal Institute.
Bar Admissions and Affiliations
Publications (unless otherwise indicated, all of the following papers can be downloaded at my SSRN page).
After Obergefell: Dignity for the Second Amendment. Publication version not yet available online; preliminary copy can be downloaded at 35 Mississippi College L. Rev. 128 (2016).
The Inapplicability of First Amendment Protections to BDS Movement Boycotts.2016 Cardozo L. Rev. de novo 112.
Final Affordable Care Act Regulations.
The BDS Movement: That Which We Call A Foreign Boycott, By Any Other Name, Is Still Illegal, 1 Roger Williams University L. Rev. 22 (2017).
Boycotting the Boycotters: Turnabout Is Fair Play Under the Commerce Clause and the Unconstitutional Conditions Doctrine, 40 Campbell L. Rev 29 (2018).
Brief of Amicus Curiae Zachor Legal Institute in Support of the State of Arizona in Case 3:17-Cv-08263-Djh Jordahl Et Al V. Brnovich, filed with the United States District Court for the District of Arizona.
Restoring Nobility to the Constitution: A Modern Approach to a Founding Principle, 6 Akron J. Const. L. & Pol'y 33 (2015).
And The Ban Played On: The "Public Safety" Threat to Individual Rights (free download available at my SSRN page).
Blurring Lines between Churches and Secular Corporations: The Compelling Case of the Benefit Corporation’s Right to the Free Exercise of Religion,39 Del. J. Corp. L. 819 (2015).
Amicus Curiae brief in support of non-government parties in Hobby Lobby/Conestoga Obamacare cases, filed with the United States Supreme Court on January 23, 2014.
Amicus Curiae brief in support of respondents in the same sex marriage cases (Obergefell v. Hodges),filed with the United States Supreme Court on April 2, 2015.
People v. Zondorak: California's Attack on the Second Amendment, 17 Chap. L. Rev. Online 1 (2014).