‘Cultural’ Stigmatization For Thee But Not For Me
What about campus culture makes it so unique that social shaming in this context poses such a unique threat?
What Is The Appropriate Response To Speech That Causes Harm?
My work was recently involved in a larger debate about the power, and harm, of certain words.
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How Can Nonbelievers Defend Themselves Against Religious Persecution?
Religious fear and hatred of nonbelievers is real, the question is whether legal mechanisms exist that nonbelievers can utilize to defend themselves.
Prohibiting Harmless Consensual Or Self-Regarding Acts By Adults Is Bad Law And Policy
Overcriminalization results in tremendous and unnecessary human costs, so why is it so difficult to scale back the law?
Josh Blackman Gives Away The Game
To Blackman, the objectionable part about the majority opinion in Jones was the conservative justices appeared to be *gasp* apologizing for making a socially conservative ruling.
Despite The Plain Language Of Federal Law, Police Accountability Can Only Happen At The State Level
Here is the thing about conservative rhetoric of following the law as written and about not making policy: in practice conservative judges do the exact opposite.
Reasoning, Tool Calling, And Agentic Systems In Legal LLMs
Domain-specific AI provides accuracy and reliable legal reasoning.
The Legal Oppression Of Nonbelievers Will Escalate The More Religion Declines
Combine a conservative religious ideology that fears and hates nonbelievers and has taken over much of the judiciary, with an ever-increasing nonbeliever population growth, and what you get is legal oppression.
On Free Speech, The Biden Administration Already Disappoints
The Department of Justice has argued high school officials should have the power to monitor and punish off-campus student speech.
The Modern Free Exercise Doctrine Is Inconsistent And Dishonest
A conversation about the free exercise doctrine generally and discussion on an important free exercise case heard by the Supreme Court this term.
The Spectacle Of Stigma
It has become very interesting to see when kneeling at a football game is acceptable behavior.
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If Section 2 Of The Voting Rights Act Included The Word ‘Religion’ There Would Be No Question The Roberts Court Would Uphold It
Because Section 2’s disparate-impact liability only concerns race discrimination, it is widely expected that the Roberts Court will strike it down.
‘Cancel Culture’ Was Always A Term Without Meaning
It is difficult, if not impossible, to find greater hypocrisy on any issue than the kind exhibited by cancel culture alarmists.
Will Biden Take The Second Step Against The War On Drugs? Can He?
President Biden has a terrible track record when it comes to the drug war, but even if he wanted to change it, can he?
Is A Legal Reckoning Coming For Alex Jones?
The Texas Supreme Court rejected Alex Jones’ request for cert to dismiss four defamation lawsuits brought by parents of Sandy Hook victims.
This Supreme Court’s Religious Liberty Approach Would Be Silly, If The Consequences Were Not So Dire
The fact is nothing about this Supreme Court’s religious liberty doctrine reflects equality or liberty for all.