The Politics of Free Exercise After Employment Division v. Smith: Same Sex Marriage, the “War on Terror,” and Religious Freedom

En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...

Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...

A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...

Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...

Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...

In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

The bill proposes a flawed and possibly unconstitutional reparations program and needs to be reworked to give Ukraine some chance at a viable post-war...

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

Congress is trying to roll up its sleeves and get to work on artificial intelligence (AI) regulation. In June, Sen. Chuck Schumer (D-N.Y.) launched a...

The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...

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

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

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...

Since Russia invaded Ukraine in 2022, the United States and its allies have searched for the best way to express their horror and dismay. At the level...

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