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The (Un)Holy Shield: Rethinking the Ministerial Exception

Abstract Does the First Amendment’s protection of religious expression mean religious organizations are free to discriminate on the basis of sex, disability, or race in hiring and firing employees? In 2012, the Supreme Court answered this question...

Supremacy, Inc.!

This Article opens a new area of study at the intersection of federalism and privatization. The Supremacy Clause was designed to resolve inevitable conflicts between two sovereign powers. It was not designed for the triangulated clashes amassing in...