My latest piece, Constructing Constitutional Rights, is now out. Thanks to the Harvard Law Review for inviting me to write this response to Jud Campbell's important article, Determining Rights, and for the editors' superb work. @ssrn.bsky.social link here: papers.ssrn.com/sol3/papers....

The #LPW2025 program is live! Speakers include @shbarclay.bsky.social, Anna Lukina, Julian Davis, Suzanne Bloks, @apoama.bsky.social, @markedsouza1.bsky.social, and Tarek Yusari. @uvalawschool.bsky.social 🔗 Check the program and register: sites.google.com/site/legalph...

It is not clear when another case on this precise issue might arise as no other states are currently close to approving a religious charter school. But there are other ways the court could expand on the free exercise clause at the expense of the establishment clause, per @shbarclay.bsky.social:

Thanks to Professor Stephanie Barclay (Georgetown) for her excellent presentation entitled "Reflections on the USA Constitution and the Role of the Judiciary" yesterday in the ManReg Public Law Seminar Series at the University of Manchester

In a recent joint blog post, I wrote w/ Profs Michael McConnell @stanfordlaw.bsky.social, Douglas Laycock @uvalaw.bsky.social & Mark Storslee @emorylaw.bsky.social about why the Ct shouldn't Bruen-ize the Free Exercise Clause & why strict scrutiny is the better approach. reason.com/volokh/2025/...

Maybe relevant to Mahmoud v. Taylor, argued at SCOTUS next month, where Ct is being asked (in the alternative) to expand free exercise. For a related take on how it should implement such rights, see this t.co/Slw08TsSOJ by @shbarclay.bsky.social, Mark Storslee, Mike McConnell & Doug Laycock

This looks fascinating. And it is consistent with a lot of the work about the broader political undercurrents in the 1980s working to undermine the Sherbert-Yoder regime.

Excited to share that my latest article, coauthored with Matthew Krauter, is forthcoming in the @PennLRev. The Untold Story of the Proto-Smith Era: Justice O'Connor's Papers and the Court's Free Exercise Revolution. @SSRN Link here, and comments welcome: papers.ssrn.com/sol3/papers....

My latest article with Kurt Lash forthcoming in the Vanderbilt Law Review. We canvas the history of religious resistance to the Fugitive Slave Act, & we assess what that tells us about constitutional protections for religious burdens caused by general laws. Link here: dx.doi.org/10.2139/ssrn...