Supreme Court

A House Divided

Studies reveal a deeply divided America in which members of different “tribes” live separately from one another. Religious affiliation also separates them.

Keep It Vague

Contemporary liberal political philosophers are kindly disposed toward the idea of religious liberty but eager to contain the influence of religion over politics.

Legalese

It is a mark of Antonin Scalia's pioneering influence that originalism and fidelity to text have become a staple of the Supreme Court’s interpretive methodology.

An Imperfect Union

We have so confused the sacrament with the legal arrangement that the meaning of marriage as a Christian mystery has been lost.

The Things We Share

We are now at the point where American Catholics should accept state recognition of same-sex marriage simply because they are Americans.

The Truth about Marriage

Will severing the connection marriage has forged between sex, procreation, and family formation undermine the expectations our culture places on the institution?

Worth Worrying About?

“Disentanglement” is not a stable or feasible response to the dangers to religious freedom posed by the legal redefinition of marriage.

Right Decision, Wrong Reason

The Court made the right decision in Windsor, but the majority was unclear about why DOMA’s exclusion of same-sex marriages was unconstitutional.

Why Standing Matters

Not every constitutional disagreement takes the right form for decision by a federal court.

Fighting Back on Voting Rights

Since the Supreme Court threw out Section 4 of the VRA, conservative legislators in several states have sought to pass laws making it harder to vote.

A Dying Concept

The conviction is new that the exclusive purpose of the business corporation is to profit its professional managers and stockholders.

Lawyer Up the Prey

Lenders are often allowed to foreclose without significant judicial involvement, putting the burden on homeowners to prove the lender is not entitled to do so.
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Book Reviews

Blackballed

May 4, 2015 | 0 comments

Scalia: A Court of One

October 11, 2014 | 0 comments

Legalese

November 4, 2013 | 0 comments

Between the Lines

July 1, 2013 | 0 comments

A Bronx Tale

April 22, 2013 | 0 comments

Outside the Law

April 22, 2013 | 1 comment

More Intuition than Argument

March 25, 2013 | 0 comments

Judicial Modesty

March 8, 2010 | 0 comments