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The Compatibility of Substantive Canons and Originalism (Harvard Law Review)
: In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an... The post The Compatibility of Substantive Canons and Originalism appeared first on Harvard Law Review
Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise (Harvard Law Review)
: Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise appeared first on Harvard Law Review
Reimagining the Schoolhouse Gate: Children’s Right to Receive Information in the Age of Curriculum Censorship (Harvard Law Review)
: In recent years, various legislative and school board actions have sought to restrict or censor educational content related to race, gender, sexuality, and identity.1 One prominent example is Florida’s Parental Rights in Education Act2 — the “Don’t Say Gay” law — which prohibits classroom instruction on sexual orientation and gender identity in certain grades. The post Reimagining the Schoolhouse Gate: Children’s Right to Receive Information in the Age of Curriculum Censorship appeared first on Harvard Law Review