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Countering Extremism in the Military Must Avoid Extremes
On March 24, 2021, the House Armed Services Committee in full invited me to testify...
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Fake Originalism and the Right to Bear Arms
An en banc panel of the Ninth Circuit recently expunged the right to bear arms...
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An Empty Attack on the Nondelegation Doctrine
Since 2019, a majority of the current Supreme Court has expressed interest in revitalizing the...
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HHS Proposes Title X Rule to Refund Planned Parenthood
On April 15, 2021, the U.S. Department of Health and Human Services (HHS) issued...
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Employee Rights Under Biden’s NLRB Regulatory Regime
Lawyers familiar with the National Labor Relations Board are used to “policy oscillation”—the notion that...
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New Book Review: John Yoo on Michael McConnell on Executive Power
In his new book, The President Who Would Not Be King, Professor Michael McConnell analyzes...
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Anti-Slavery’s Sword: Section 1983 at 150
Outrages. The word radical republicans used to describe the Klan-inspired violence raging in the South....
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Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking
In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
Of interest: Two different perspectives on free expression and ongoing challenges
One perspective on the dynamic within the academic culture. Another perspective on limits of permissible...
Deadline Extended: James Kent Summer Academy
Due to the disruption of summer plans and scheduling for many brought about by COVID-19,...