The American law of freedom of religion is in trouble, because growing numbers of critics, including a near-majority of the Supreme Court, are ready to cast aside the ideal of religious neutrality. My book, Defending American Religious Neutrality, defends the claim, which unfortunately has become an audacious one, that American religious neutrality is coherent and attractive. Here I will briefly describe its claims.
Christian Louboutin redefined high-fashion footwear with his signature red sole. The shoes with the red soles have...Read more
Nearly a decade ago Steven Smith published something short called Legal Theories Nobody Believes.’ It is a...Read more
Words “Which By Their Very Utterance Inflict Injury”: The Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory
In 1942, Chaplinsky v. New Hampshire, a unanimous Supreme Court in an opinion written by Justice Frank...Read more
The Muted Rise of the Silent Witness Rule in National Security Litigation: The Eastern District of Virginia’s Answer to the Fight Over Classified Information at Trial
The state secrets problem is emblematic of a judicial issue which is not confined to the civil...Read more