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Supreme Court Decides Catholic Charities v. Wisconsin Labor & Industry Review Commission: State May Not Discriminate Among Faiths in Determining What Activity Counts as Religious
Last week, in a unanimous opinion written by Justice Sotomayor, the Supreme Court decided Catholic...
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Split Eleventh Circuit Panel Enjoins Florida Obscenity Law: Does Florida’s Protection of Children Act Violate the Original Understanding of the Free Speech Clause?
A recent decision by a divided panel of the Eleventh Circuit is the latest misuse...
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Confronting the Supreme Court’s Confusing Confrontation Clause Cases
With all of the hullabaloo surrounding federal district court judges blocking President Donald Trump’s executive...
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Inside the Oral Argument of Trump v. CASA: Will the Court Rein in Universal Injunctions?
On May 15, 2025, the U.S. Supreme Court heard oral arguments in Trump v. CASA, Inc.,...
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Be Careful What You Wish For: The Risks of Competitive Labor Federalism for Pro-Union States
In early April, a California legislative committee convened to consider AB 288, a bill that...
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A Constitutional Crisis Narrowly Averted: The Biden-Harris CFPB’s Digital Payments Rule Threatened Constitutional Balance
Even after Joe Biden became a lame duck and Kamala Harris lost the 2024...
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Tariff Orders Prompt Challenges to Presidential Authority and Congressional Delegation
In February 2025, President Trump began issuing executive orders and taking other presidential actions to...
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The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?
On May 9, the U.S. Copyright Office (USCO) finally released its report analyzing whether training...
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With Denial of Cert in Apache Stronghold, Substantial Burden Analysis Remains Confused
Yesterday, the Supreme Court denied a petition for certiorari in Apache Stronghold v. United States....
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Can the President Revoke Harvard’s Tax-Exempt Status?
For decades, most U.S. colleges and universities have been largely tax exempt. Yet President Trump...