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“Yet what should replace Smith?” How the question of what comes next exposed an ideological divide in the new SCOTUS majority.
When the Supreme Court handed down Fulton v. Philadelphia last summer, the 9–0 decision came...
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Religious Exemptions to Vaccination Mandates by Private Colleges and Universities (Part 3 of 3)
In my previous two posts on this subject, I explained that, lacking the protections...
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Religious Exemptions to Vaccination Mandates by Private Colleges and Universities (Part 2 of 3)
In my previous post on this subject, I explained why students attending private colleges and...
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Religious Exemptions to Vaccination Mandates by Private Colleges and Universities (Part 1 of 3)
A significant number of Americans have religious objections to the COVID-19 vaccines currently available. These...
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Court Rejects Section 230 Immunity from State Intellectual Property Law Claims
In 2021, the debate over the scope of legal immunity for Big Tech social media...
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The Search for a Workable Free Exercise Framework
Under Employment Division v. Smith, the Free Exercise Clause functions more like an antidiscrimination statute...
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New U.S. Commission on Civil Rights Report: Racial Disparities in Maternal Health
On September 15, 2021, the U.S. Commission on Civil Rights issued a new report entitled...
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Apple's App Store Injunction is Less Than Epic
If you were to go by the recent coverage of the Epic v. Apple decision, you would...
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New Webinar: "Executive Order on Foreign-Controlled Apps"
In June, President Biden issued a new executive order directing the federal government to...
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Litigation Update: Dakota Access Pipeline Case Gives Supreme Court Chance for Major NEPA Ruling
The Dakota Access Pipeline is the main conduit through which North Dakota’s rich oil reserves...