Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...
In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ...
Type to search articles, cases, and authors. Press ↵ to view all results. Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...