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Stephen P. Halbrook is a giant in the field of Second Amendment studies, and I doubt that there is anyone from whom I’ve learned more about the history of the right to keep and bear arms. I was, therefore, surprised to find numerous fallacious arguments and technical errors in his response to my …

Good judges are clear writers. And clear writers avoid legal clutter.1 Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions …

Congress amended Title VII of the Civil Rights Act in 1972 to require employers to accommodate their employees’ religious practices absent the imposition of “undue hardship.” But reliance on Trans World Airlines, Inc. v. Hardison’s interpretation of “undue hardship” to mean anything “more than a …

High-profile murders and mass shootings have made headlines in recent years where aggressors, motivated by hatred for their victims, are later convicted of hate crimes. But if the Constitution is colorblind, why aren’t our criminal statutes?

Sarah Palin’s loss in her libel suit in federal district court against the New York Times on February 14, 2022, over an inaccurate 2017 editorial linking her political action committee to a mass shooting, could result in a challenge to the most significant First Amendment ruling in history…