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James Nelson

@profjdnelson.bsky.social
1.8K followers 564 following 26 posts

Law professor at the University of Houston Law Center.

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Reposted by James Nelson
Micah Schwartzman @micahschwartzman.bsky.social · 30/09/2026
As Linda Greenhouse writes, St. Mary v Roy is a case asking a fundamental question about religious freedom: “Equality or preference?” She links my article with @nelsontebbe.bsky.social and @richschragger.bsky.social, arguing that the Court is committed to the latter — a doctrine of preference.
nytimes.com
Opinion | This Case Has Flown Under the Radar. It Won’t Stay There.
This case has flown under the radar, but it won’t stay there.
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David Froomkin @dfroomkin.bsky.social · 28/09/2026
"Beyond Neoliberal Administration," my forthcoming chapter in Building Democratic Capacity (Cambridge University Press, edited by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah, forthcoming 2027), is now posted to SSRN. papers.ssrn.com/abstract=752...
Abstract: Recent developments in administrative law limit Congress’s ability to confer regulatory discretion on its administrative agents. Commentators have tended to view these developments as undermining progressive social policy, which has operated throughout the twenty-first century primarily through the administrative state. But Congress can respond by avoiding reliance on regulatory discretion in the first place. The new judicial doctrine does not constrain the use or acquisition of public resources. Thus, Congress has incentives to rely on a different set of tools: Pigouvian instruments (taxes and subsidies), redistribution, public infrastructure, and social control of investment. Despite recent progressive coding of regulatory bureaucracy, this alternative toolkit might well result in more egalitarian consequences. In many ways, the regulatory state was the instrument of a neoliberal mode of governance that offloaded ownership and control of resources onto private parties. The ultimate victim of the Roberts Court’s war on the regulatory state might be neoliberalism.
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Princeton University Press @princetonupress.bsky.social · 25/09/2026
Listen to Jonathan Quong talk about his new book, Political Philosophy: The Puzzle of Legitimate Injustice, on this episode of The Political Theory Review podcast: buff.ly/UatSTjO
buff.ly
Jonathan Quong - Political Philosophy
A conversation with Jonathan Quong about his recent book, "Political Philosophy" (Princeton UP).
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Danielle Citron @daniellecitron.bsky.social · 17/09/2026
Must read by my brilliant @uvalaw colleague Caleb Nelson entitled Against the Dictatorial Presidency. Download now papers.ssrn.com/sol3/papers....
papers.ssrn.com
Against the Dictatorial Presidency
Article II of the Constitution says that “[t]he executive Power shall be vested in a President of the United States of America.” Ever since the 1980s, it has be
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James Nelson @profjdnelson.bsky.social · 16/09/2026
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Micah Schwartzman @micahschwartzman.bsky.social · 15/09/2026
Publication day for this volume. My thanks to co-editors @nelsontebbe.bsky.social and Cécile Laborde, and to a terrific set of authors, for seeing it through. Thanks also to Anna Schuleit Haber for allowing us to include her artwork in the cover design. global.oup.com/academic/pro...
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Micah Schwartzman @micahschwartzman.bsky.social · 14/09/2026
In my capacity as secretary-treasurer of NOMOS: The American Society for Political and Legal Philosophy, I'm happy to announce our upcoming conference. This is a hybrid event, and you can register here: www.political-theory.org/event-657172...
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Liz Sepper @lsepper.bsky.social · 10/09/2026
Today (9/10) at 10am ET, the Indiana Supreme Court will hear arguments in a religious liberty challenge to the state abortion ban. The mostly Jewish plaintiffs have so far prevailed in the state courts under a state Religious Freedom Restoration Act. Watch here:
mycourts.in.gov
Indiana Appellate Clerk's Portal
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UVA Law School @uvalaw.bsky.social · 09/09/2026
Prof. @micahschwartzman.bsky.social ’05 filed an amicus brief at the Indiana Supreme Court arguing that there is a religious right to abortion access. @bloomberglaw.com
news.bloomberglaw.com
Push for Religious Exception to State Abortion Ban Gets Big Test
Indiana’s top court is about to become the first in the nation to decide whether there’s a religious right to abortion.
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Blain Neufeld 🇨🇦 @neufeld.bsky.social · 06/09/2026
For “New Books in Philosophy” (part of The New Books Network), I discuss _Political Philosophy: The Puzzle of Legitimate Injustice_ (OUP 2026) with Jonathan Quong (USC). newbooksnetwork.com/political-ph... #philsky #philosophy #polphil #moralphil
newbooksnetwork.com
Jonathan Quong, "Political Philosophy: The Puzzle of Legitimate Injustice" (Princeton UP, 2026) - New Books Network
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Chris Mirasola @chrismirasola.bsky.social · 01/09/2026
Happy to share a draft chapter on 9/11’s effects on the law of domestic mil ops. I argue that 9/11 led to less legal innovation than one might think. There were significant changes in organization & statutory mission authority, but all trace to shifts that began during the war on drugs & 90s.
papers.ssrn.com
9/11 and the Law of Domestic Military Deployments
<p><span>The legal architecture of the Defense Department’s domestic operations significantly changed in the immediate aftermath of 9/11. This was perhaps most
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Micah Schwartzman @micahschwartzman.bsky.social · 26/08/2026
This piece by @tmbejan.bsky.social strikes me as mistaken about what "American liberals" believe about Locke, religious establishment, and the role of Locke's arguments in the case for disestablishment. /1
persuasion.community
What Locke Knew About Elites
How liberals learned to stop worrying and love the establishment.
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Jim Oleske @jimoleske.bsky.social · 25/08/2026
My symposium essay on three recent Supreme Court cases involving the interests of LGBTQ people has been published in final form. Many thanks to @lauraportuondo.bsky.social for the invitation to participate, @profjdnelson.bsky.social for the excellent comments, and the student editors at HJHLP.
houstonhealthlaw.scholasticahq.com
Mahmoud, Skrmetti, and 303 creative: Ignoring original meaning, rewriting precedent, and discounting harm to LGBTQ people | Published in Houston Journal of Health Law & Policy
By James M. Oleske, Jr.. James M. Oleske, Jr. discusses recent decisions to distort precedent, overlook original meaning, and minimize discrimination's harms, ultimately causing a retreat from equal d...
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Matt Bodie @matthewtbodie.bsky.social · 17/08/2026
Extremely excited that legal scholar extraordinaire and beloved teacher @rhollblum.bsky.social has now officially joined the @umnlawschool.bsky.social community! Great day for Minnesota Law students, faculty, and me!
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David Froomkin @dfroomkin.bsky.social · 13/08/2026
If I were better at self-promotion, no doubt I would have posted about this either when the articles were accepted or right after the Slaughter decision, but perhaps better late than never! I have two articles forthcoming that, in different ways, refute the unitary executive theory.
papers.ssrn.com
The Vesting Clauses Are Not Law
Separation-of-powers formalists treat the Constitution’s Vesting Clauses—the first sentences of Articles I, II, and III—as sources of substantive law. Perhaps m
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Michigan Law Review @michlawreview.bsky.social · 05/08/2026
In their recent #MLR piece, @lsepper.bsky.social, @profjdnelson.bsky.social, & @charlottegarden.bsky.social argue the right of expressive association shouldn't presumptively cover employment relationships given key distinctions between employment & membership. READ: bit.ly/MLRVol124Iss7SepNelGard
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Michigan Law Review @michlawreview.bsky.social · 31/07/2026
Check out Issue 7 of #MLR's Vol. 124 to read recent pieces by Professor Alison Gocke of @uvalaw.bsky.social, and Professors Elizabeth Sepper (@lsepper.bsky.social), James D. Nelson (@profjdnelson.bsky.social), & Charlotte Garden (@charlottegarden.bsky.social)! #goblue READ: michiganlawreview.org
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James Nelson @profjdnelson.bsky.social · 30/07/2026
This is a terrific conversation with Steven Green about his new book: newbooksnetwork.com/american-inf...
newbooksnetwork.com
Steven K. Green, "American Infidelity: The Gilded Age Battle Over Freethought, Free Love, and Feminism" (Oxford UP, 2026) - New Books Network
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Lawrence Solum @lsolum.bsky.social · 27/07/2026
Bagenstos on Reconstructing the Civil Rights State Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Civil Rights State After Democratic Backsliding…...
legaltheoryblog.com
Bagenstos on Reconstructing the Civil Rights State
Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Civil Rights State After Democratic Backsliding (forthcoming in The ANNALS of the American Academy of Political and Social Science) on SSRN. Here is the abstract: American civil rights law has always been tied to the project of building a multiracial democracy that guarantees full and equal membership in the community and an equal opportunity to flourish.
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Lawrence Solum @lsolum.bsky.social · 24/07/2026
Bagenstos on Reconstructing the Public Health State Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William & Mary L....
legaltheoryblog.com
Bagenstos on Reconstructing the Public Health State
Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William &amp; Mary L. Rev. ___ (forthcoming 2027)) on SSRN. Here is the abstract: The American public health system is in crisis. This Essay, presented as the 2026 Wythe Lecture at the William &amp; Mary Law School, argues that the crisis is not merely a story about Robert F.
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Rachel Bayefsky @rachelbayefsky.bsky.social · 21/07/2026
My piece on recent Supreme Court foreign relations cases and the functions of transnational litigation: tlblog.org/value-beyond...
tlblog.org
Value Beyond Price: The Vindication Function of Transnational Litigation - Transnational Litigation Blog
Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex—was a debate about the basic purpose of suing foreign government entities.  T...
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Orin Kerr @orinkerr.bsky.social · 06/07/2026
If you're starting law school this fall, and you're new to the legal system, here's a good overview of some basics that was presented as part of an orientation at UVA Law a few years ago by Dean Leslie Kendrick. www.youtube.com/watch?v=d75u...
youtube.com
Overview of the American Legal System
YouTube video by University of Virginia School of Law
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Sam Bagenstos @sbagen.bsky.social · 05/07/2026
New paper from me: Reconstructing the Civil Rights State After Democratic Backsliding. papers.ssrn.com/sol3/papers....
papers.ssrn.com
<p><b><span>Reconstructing the Civil Rights State After Democratic Backsliding</span></b></p>
<p>American civil rights law has always been tied to the project of building a multiracial democracy that guarantees full and equal membership in the community
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Nikolas Guggenberger @nikenberger.bsky.social · 02/07/2026
Property is broken, online. Time to redefine entitlements in networks. New article: "The Platform-Property Paradox," 29 Stan. Tech. L. Rev. 286. 🧵
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Micah Schwartzman @micahschwartzman.bsky.social · 30/06/2026
morningmemo.talkingpointsmemo.com
White House Religious Liberty Commission Releases ‘Embarrassing’ Report
INSIDE: JD Vance ... Todd Blanche ... Mike Johnson
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Knight First Amendment Institute @knightcolumbia.org · 26/06/2026
How can Congress limit the government’s power to use federal funding as a weapon? In a new essay, @jamalgreene.bsky.social argues that reform should begin with Title VI and Title IX, whose funding-enforcement mechanism can leave universities vulnerable to political coercion.
knightcolumbia.org
Weakening Government Coercion by Strengthening Government Regulation
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UVA Law School @uvalaw.bsky.social · 24/06/2026
What do insurance and tort law have to do with each other? Everything, it turns out — thanks in large part to Prof. Kenneth S. Abraham, whose work reshaped how the field looks at that question. Scholars gathered at @uconn.bsky.social to honor him.
law.virginia.edu
Insurance and Tort ‘Glitterati’ Fete Abraham at Festschrift
Scholars recently gathered in Connecticut this month for a “festschrift” celebrating University of Virginia School of Law professor Kenneth S. Abraham’s lasting impact on insurance law and tort theory...
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Jim Oleske @jimoleske.bsky.social · 23/06/2026
Posted an updated, near-final version of this piece on SSRN: Mahmoud, Skrmetti, and 303 Creative: Ignoring Original Meaning, Rewriting Precedent, and Discounting Harm to LGBTQ People papers.ssrn.com/sol3/papers....
In the end, the story is a profoundly disheartening one for members of
the LGBTQ community. The hope a decade ago that they might have secured an equal right “to define and express their identity” free from government action that “demeans and stigmatizes” them has been replaced by an understandable suspicion that the highest court in the land is now willing to marginalize their interests without a principled explanation. Along the way, the Court has abruptly rewritten some precedents (the key move in Mahmoud), ignored others (the key move in Skrmetti), and even stooped to fabricating factual findings (the key move in 303 Creative), all while neglecting the interpretive methodologies to which the current majority has elsewhere declared fealty.
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Michael Pollack @michaelcpollack.bsky.social · 02/06/2026
🚨Publication Day for Sidewalk Nation!🚨 Sidewalks connect us all, and they connect commerce, tech, tax, property, policing, homelessness, surveillance, free speech, socioeconomic equity, public health, climate resilience, and more. www.hup.harvard.edu/books/978067...
hup.harvard.edu
Sidewalk Nation — Harvard University Press
An illuminating ramble along the American sidewalk: routinely unnoticed, yet central to daily life, neighborhood vitality, and significant legal controversies.Public infrastructure is as essential to ...
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Jamal Greene @jamalgreene.bsky.social · 27/05/2026
My latest blog post, part of @knightcolumbia.org's Reconstructing Free Expression project, on how best to make use of diverse information flows. knightcolumbia.org/blog/toward-...
knightcolumbia.org
Toward Collaborative Disagreement
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Nelson Tebbe @nelsontebbe.bsky.social · 22/05/2026
Thanks to Adam Liptak for mentioning First Amendment Inversion static.nytimes.com/email-conten... @texaslawreview @adamliptak.bsky.social
static.nytimes.com
The Docket: Trump’s $1.8 billion fund in the cross hairs
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UVA Law School @uvalaw.bsky.social · 19/05/2026
Prof. Alice Abrokwa has won the 2026 John Hope Franklin Prize for her article on the biases behind being labeled “noncompliant” in healthcare settings, and how to address them.
law.virginia.edu
Professor Wins John Hope Franklin Prize
University of Virginia School of Law professor Alice Abrokwa has won the 2026 John Hope Franklin Prize for her article examining the impact of the label “noncompliant” being disproportionately applied...
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Micah Schwartzman @micahschwartzman.bsky.social · 19/05/2026
The Virginia Law Review has published a tribute to Fred Schauer. I am grateful to the editors for making this possible and for bringing together this set of reflections on Fred's life and work. virginialawreview.org/articles/in-...
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Aaron Bruhl @aaronbruhl.bsky.social · 19/05/2026
Some personal news I’m proud to share:
law.wm.edu
2026 McGlothlin Teaching Award Given to Exceptional Law and Business Professors
The 2026 McGlothlin Award for Exceptional Teaching has been granted to Professor Aaron-Andrew P. Bruhl of William & Mary Law School and to Professor Dawn Edmiston of the Raymond A. Mason School of Bus...
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Brishen Rogers @brishen.bsky.social · 15/05/2026
Platner's definition of the working class as anyone who earns income from work rather than investments is increasingly common on the left. It's appealing but it is clearly wrong. Culturally, economically, and legally there are major differences between wage-earners and the middle classes. 1/3
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James Nelson @profjdnelson.bsky.social · 13/05/2026
Glad to see this — bosses should not impose religion on employees virginialawreview.org/articles/cor...
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Laura Portuondo @lauraportuondo.bsky.social · 30/04/2026
On this last day of classes, some exciting news: I will be moving to Brooklyn Law School in the fall! At Brooklyn, I will continue teaching Constitutional Law, Family Law, and Reproductive Rights and Justice. I will miss my UH colleagues and students, but I am very excited for this next chapter!
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Micah Schwartzman @micahschwartzman.bsky.social · 22/04/2026
Here's a "hallmark" of a religious establishment: the state acting for the purpose of saving souls. And when the state claims it has secular reasons for declaring religious truth, Madison answered this "was an unhallowed perversion of the means of salvation." constitutioncenter.org/the-constitu...
constitutioncenter.org
Memorial and Remonstrance Against Religious Assessments
National Constitution Center Historic Documents Library record for Memorial and Remonstrance Against Religious Assessments
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Micah Schwartzman @micahschwartzman.bsky.social · 20/04/2026
To understand how we got to this point in the breakdown of separation of church and state — in which the Court requires funding of religious schools and then gives them special exemptions from rules that apply to all other schools — it helps to have some history: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Reestablishing Religion
<p><i>In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected separa
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James Nelson @profjdnelson.bsky.social · 19/04/2026
Bosses should not impose religion on employees: virginialawreview.org/articles/cor...
virginialawreview.org
Corporate Disestablishment - Virginia Law Review
Across the American economy, the wall between church and company is crumbling. Businesses large and small have taken on religious identities and now conduct their corporate affairs according to religi...
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James Nelson @profjdnelson.bsky.social · 14/04/2026
When government employers adopt a religious identity, they risk imposing religion on employees. In 2019, I wrote about how work law limits such religious impositions: virginialawreview.org/articles/cor... www.wired.com/story/govern...
wired.com
Government Workers Say They’re Getting Inundated With Religion
“This has never happened before,” one government employee tells WIRED. “I have never gotten a message like this from anyone.”
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Micah Schwartzman @micahschwartzman.bsky.social · 12/04/2026
When I wrote this paper with Jo Wilson in 2019, most readers had never heard of Catholic integralism. “Postliberalism” wasn’t a thing yet. And too many law professors were taken in by the idea that “common good” constitutionalism was something other than a … /1 digital.sandiego.edu/sdlr/vol56/i...
digital.sandiego.edu
The Unreasonableness of Catholic Integralism
In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting t...
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James Nelson @profjdnelson.bsky.social · 09/04/2026
Courts are struggling to apply Groff in novel religious accommodation disputes. It helps to have some principles: yalelawjournal.org/article/dise... news.bloomberglaw.com/daily-labor-...
news.bloomberglaw.com
AI Religious Objections at Work Emerge as New Employer Concern
Artificial intelligence in the workplace has employers grappling with a new legal issue: whether to accommodate employees seeking exemptions from using the technology because of their religion.
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James Nelson @profjdnelson.bsky.social · 08/04/2026
Expressive association strikes again! For more on its mounting deregulatory force in work law, see “Expressive Association at Work” papers.ssrn.com/sol3/papers.... cc @lsepper.bsky.social @charlottegarden.bsky.social Final version soon in @michlawreview.bsky.social bsky.app/profile/lega...
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University of Houston @uh.edu · 22/03/2026
THE COOGS ARE DANCING INTO THE SWEET 16! 🕺 #MarchMadness
Chris Cenac Jr., Emanuel Sharp and Joseph Tugler celebrating on the court. Text reads, “Advancing to the Sweet 16.”
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Kristen Eichensehr @keichensehr.bsky.social · 18/03/2026
New from me & Ashley Deeks: “National Security and the New Command Economy” addresses the central role companies now play in U.S. national security, the serious risks posed to public law values, and ways Congress and others can mitigate the risks. Comments welcome! papers.ssrn.com/sol3/papers....
Abstract for law review article.
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Lawrence Solum @lsolum.bsky.social · 13/03/2026
Schwartzman on Asymmetry of Religious Motivation in Religion Clauses Cases Micah Schwartzman (University of Virginia School of Law) has posted The Asymmetry of Religious Motivation (135 Y.L.J.F. 467 (2025)) on SSRN. Here is the abstract: The Supreme Court’s current approach to religious freedom…
legaltheoryblog.com
Schwartzman on Asymmetry of Religious Motivation in Religion Clauses Cases
Micah Schwartzman (University of Virginia School of Law) has posted The Asymmetry of Religious Motivation (135 Y.L.J.F. 467 (2025)) on SSRN. Here is the abstract: The Supreme Court’s current approach to religious freedom reflects an asymmetric view of religious motivation. Under the Free Exercise Clause, the Court has increasingly embraced a motivational sufficiency principle, according to which a person’s sincere religious motivation is sufficient to render an act religious and therefore eligible for accommodation.
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Danielle Citron @daniellecitron.bsky.social · 10/03/2026
Must read new article by the great @kabrahamva1.bsky.social and Cathy Sharkey called “Untangling AI Liability” (must read for all law and tech, privacy and tort lawyers and scholars). See link below! Coming out in @califlrev.bsky.social —kudos student editors!
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David Froomkin @dfroomkin.bsky.social · 05/03/2026
My forthcoming review in Political Theory of @richardprimus.bsky.social's The Oldest Constitutional Question: Enumeration and Federal Power has been posted online. "The book is truly a model of constitutional argument," and it is a magnificent achievement. journals.sagepub.com/doi/10.1177/...
journals.sagepub.com
Sage Journals: Discover world-class research
Subscription and open access journals from Sage, the world's leading independent academic publisher.
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