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Out of Thin Air: Cummings v. Premier Rehab Keller and “Emotional Distress” Damages in Antidiscrimination Law
In perhaps one of the highest-profile Supreme Court terms in recent memory, one case, lacking...
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Go Ahead, You Do It For Us
Rule of Law or Rule of Experts? Almost exactly 9 years ago, I spoke...
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From Flagpoles to Football: An Establishment Clause Run Amok
For over fifty years, Establishment Clause jurisprudence has been haunted by the malleable nature of...
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Academics Write in Support of Free Speech at Georgetown University
Last week, Georgetown University Law Center placed Ilya Shapiro on administrative leave from his positions...
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GTMO - Twenty Years Later
Much of the national security community’s attention is understandably fixated these days on Russia and...
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Don't Change Horses Mid (Netflix) Stream
The Record Speaks for Itself—America’s Networks are Thriving. The early days of the coronavirus pandemic...
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On Oysters, Property, John Locke, and the Court of Federal Claims: Campo v. United States
Oyster farming is hard work. The often-muddy estuary bottoms must be prepared with rocks to...
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Going Rogue: The EEOC Quietly Uses FOIA To Penalize Employers For Adopting Lawful Employment Arbitration Programs
Anecdotal reports from employers around the country indicate that regional offices of the United States...
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35 Naval Special Warfare Soldiers Obtain Preliminary Injunction Against Vaccine Mandate Under the Free Exercise Clause and Religious Freedom Restoration Act
On January 3, Judge Reed O’Connor of the Northern District of Texas preliminarily enjoined Navy...
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A Case that Could Bring Great Clarity to Religious Jurisprudence
Free Exercise jurisprudence is a complete mess right now. Since Employment Division v. Smith, lower...