Much of the attention surrounding the Supreme Court affirmative-action cases has focused on whether respondents Harvard and the University of North Carolina discriminate against Asian-American ...

Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed ...

Previously, I blogged the abstract, introduction, and Part I of my new article, Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny, which has just been published in the ...