Introduction The race is on to reintroduce Christianity into public schools. A new Louisiana law mandates that the Ten Commandments be posted in every public grade school, high school, and college classroom.[1] Oklahoma’s Superintendent of Public Schools decreed that all public schools must incorporate the Bible into social studies and English classes starting in fifth […] Continue Reading >
Introduction Contestation over methodology remains an enduring friction point in the discourse on the Takings Clause. For decades, the Supreme Court’s takings jurisprudence has vacillated between categorical, per se reasoning and contextual, ad hoc inquiries into what fairness and justice require when the government harms or expropriates private property.[1] Against this backdrop, it has become […] Continue Reading >
Solving the Special Forces Problem
New Judicial Federalism and the Establishment Clause: Classroom Ten Commandments as a Case Study in State Constitutional Protection
Introduction In 1975, a United States Senate Select Committee known as the Church Committee began a formal inquiry into the activities of the major U.S. intelligence agencies and exposed, for the first time, the true extent of their operations.[1] The results appalled lawmakers. The CIA had drugged and tortured U.S. citizens in bizarre experiments with […] Continue Reading >
Per Se Non-Takings
The Questionable Legality of IEEPA Tariffs: Does the Major Questions Doctrine Apply?
Introduction Since his second inauguration on January 20, 2025, President Trump has revived the practice of imposing tariffs and has pushed the boundaries of the President’s authority to do so. Traditional tariff authorities, like Section 232 of the Trade Expansion Act and Section 301 of the Trade Act, involve lengthy procedural hurdles. To avoid a waiting […] Continue Reading >