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Religious Liberty Update on U.S. Congress and Executive Branch Actions
Congress SENATE 1. On November 30, 2022, the Senate passed H.R. 8404, “Respect for Marriage...
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Is Colorado’s Compelling Interest in Eliminating Discrimination Sufficient to Overcome a Designer’s First Amendment Claims?
In 303 Creative LLC v. Elenis, one of the marquee cases of the current Supreme...
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What Happens if the Supreme Court Leaves the Door Open for Facially Race-Neutral Race Discrimination?
The Fairfax County, Virginia, School Board had a “problem”: too many Asian eighth graders were...
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Bipartisan Opportunities to Improve Government Accountability
In the recent election, Americans elected a narrowly divided Congress. That means that lawmakers will...
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Thanksgiving Day Remembrance
With Thanksgiving upon us and our thoughts focused on family, food, and football, it is...
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Does the Original Meaning of the Fourteenth Amendment Protect a Right to Work?
The story of unenumerated rights is a familiar one. Most law students learn it in...
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Wilkins v. United States: Is the Quiet Title Act’s Statute of Limitations Jurisdictional, and How Does the Answer Affect Property Rights?
An age-old legal maxim—going back to Blackstone—states, “where there is a right, there must be...
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Free Speech in the Workplace: Do we need a new law to address viewpoint discrimination?
Playing very much against type, a pair of Wall Street Journal op-ed writers suggest fighting...
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Mitigation for Aquatic Resource Impacts: A Primer on Mitigation Banking
Mitigation banking is a little-known and sometimes misunderstood system. This post offers a quick primer...
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And the Walls Came Tumbling Down: The Liberation of Civil Society
As anyone who has seen a building collapse or a bridge buckle can attest, it...