First Amendment: Religion
Churches, Playgrounds, Government Dollars — and Schools?
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Immigration
Equality, Sovereignty, and the Family in Morales-Santana
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Education
Fisher’s Cautionary Tale and the Urgent Need for Equal Access to an Excellent Education
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Congressional Power
Gridlock
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Statutory Interpretation
Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking
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Separation of Powers
Zivotofsky II as Precedent in the Executive Branch
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Fourteenth Amendment: Due Process
A New Birth of Freedom?: Obergefell v. Hodges
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Freedom of Religion
The Hobby Lobby Moment
American religious liberty is in a state of flux and uncertainty. The controversy surrounding Burwell v. Hobby Lobby Stores, Inc. is both a cause and a symptom of this condition.…
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Federalism
Slipping the Bonds of Federalism
There are three tales told about federalism, but only one of them is true. The first is the nationalist’s tale. It depicts federalism doctrine as Shakespearean comedy. Always fanciful, sometimes…
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Constitutional Structure
The Supreme Court as a Constitutional Court
Noel Canning and judicial design