This Article explains how speech became the constitutional vehicle for the right to discriminate on religious grounds in places of public accommodation. It argu

A letter to Becky Pepper Jackson about her trans sports case defeat at SCOTUS yesterday

This Essay reflects on art to make two points. It first argues that originalism is not a promising path for progressive causes. It then argues that as the Const

Let’s say the “laws” are the rules that actually constrain power, organize government, and coerce people. That is, let’s define the law as the system of rules we

For the first time since the Columbia University and Slavery seminar began in 2014, students have identified a living descendant of someone enslaved by a Columbia affiliate.

The Download of the Week is Historical Practice Theories by Ashraf Ahmed. Here is the abstract: Contemporary constitutional law and theory is preoccupied with the question of practice. Over the last decade, across a range of issues—from gun rights to elections to school prayer to the structure of the administrative state—the Supreme Court has decided cases on the basis of past practice.

To date, 27 states have enacted laws barring transgender participation in sports.