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
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Criminal Procedure
License, Registration, Cheek Swab: DNA Testing and the Divided Court
Midway through the oral argument in Maryland v. King, Justice Alito spontaneously interjected: “[B]y the way, I think this is perhaps the most important criminal procedure case that this Court…
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Fourteenth Amendment: Equal Protection
Windsor and Brown: Marriage Equality and Racial Equality
In his second inaugural address in January 2013, President Barack Obama associated the struggle for gay equality with that for racial equality by conjoining, alliteratively, Stonewall with Selma (along with…