Scholarship

The Remnants of Free Exercise

Douglas Laycock

Date

1990

Citation

Douglas Laycock, The Remnants of Free Exercise, 1990 Supreme Court Review 1–68 (1990).

UVA Law Faculty Affiliations

Douglas Laycock

Constitutional Law and Legal History

Center for the First Amendment

More in This Category

Public-Law Litigation at a Crossroads: Article III Standing and 'Tester' Plaintiffs

Rachel Bayefsky

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

The One Remaining Identity the Supreme Court Is Willing to Protect

Craig Konnoth

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

Can Congress Bar Fully Autonomous Nuclear Command and Control?

Ashley S. Deeks

Matthew Waxman

Congress may want to prevent nuclear command and control from going fully autonomous. Would such a law be constitutional?

The Supreme Court Just Dealt a Major Blow to Corporate Mandates

James Nelson

Micah J. Schwartzman

Elizabeth Sepper

On Thursday, the Supreme Court subtly transformed the rights of religious workers in America. Under the guise of “clarifying” a nearly 50-year-old...

Opinion: The Supreme Court is making religion an all-purpose excuse for ignoring the law

Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

Separation-of-Powers Avoidance

Payvand Ahdout

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...

Religion as Disobedience

Xiao Wang

Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone...

We Have Only Begun to Fight

Kimberly J. Robinson

This story begins with one parent who took his demands for equal educational opportunity for his children all the way to the highest court of our land...

It’s Time to Abandon (or Closely Monitor) Judicial Life Tenure

Life tenure for the federal judiciary doesn’t promote judicial independence or the development of law as the Framers expected, and should be repealed...

How To Fix Section 230

Danielle K. Citron

Section 230 is finally getting the clear-eyed attention that it deserves. No longer is it naive to suggest that we revisit the law that immunizes...

Animus and Its Distortion of the Past

Joy Milligan

Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...

How Federal Judges Made a Political Game Out of Taking Senior Status

A new study shows that lower court judges, and especially conservatives, are using senior status as a loophole to ensure their replacement by a like...

Public Rights and Taxation: A Brief Response to Professor Parrillo

Ann Woolhandler

A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...

FOSTA's Mess

Danielle K. Citron

Quinta Jurecic

In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like...

The Politics of Judicial Dialogue

David S. Law

Mark Tushnet

The idea of judicial dialogue entered into scholarly discussion in the late twentieth century and is used in connection with different phenomena at...

Solidarity Federalism

Erin F. Delaney

Ruth Mason

Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and...

Models of Judicial Review

Mila Versteeg

Tom Ginsberg

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...