The state of the Free Exercise Clause in U.S. constitutional law is uncertain. With an opportunity in Fulton v. Philadelphia to clarify the vitality of the current standard from Employment Division v. Smith, the United States Supreme Court has declined to do so. The lasting impact of Smith has been to move away from directly requiring government justifications for infringing free exercise. Instead, courts now use neutrality and general applicability as heuristics for government justification. Yet, relying solely on neutrality and general applicability to proxy for government justification when infringing religious exercise distracts courts from conducting a fact-based inquiry. This article demonstrates how more scrutiny of the legislative facts in free exercise doctrine may serve as a viable alternative to Smith’s flawed approach for evaluating government justifications. The author first shows empirically how more factual scrutiny—directly requiring the government to justify its actions with evidence—can benefit government and religious claimants and then discusses the normative advantages of a fact-intensive approach to constitutional scrutiny. During a moment of sharp division over religious freedom and other competing rights, factual scrutiny can be a powerful tool for handling free exercise challenges and promoting responsible religious freedom.

This comment on Moritz Altenried's The Digital Factory discusses how the book offers four interrelated theoretical contributions to the study of labour in the digital economy – redefining the factory, specifying digital Taylorism, materializing its infrastructure, and mapping class relations – through four sites of investigation. The piece discusses the implications of the resulting multiplication of labour and labour relations for reconfigured class relations and resistance and argues that the differentiated social relations across spatial and material contexts ask for a theorization of the conjunctural nature of these relations.

This article analyzes the affective economy of West Germany's postwar society. After delineating the intellectual history of the Frankfurt Institute for Social Research's “Gruppenexperiment,” which consisted of 137 group interviews with different segments of West German society, my article focuses on one transcript of a 1950 group discussion of young fashion-designer apprentices. Based on a close reading, I study how the younger generation in West Germany constructed a passive and privatist self-image in which they could both articulate their emotional dissociation from National Socialism while clinging to antidemocratic, racist, and antisemitic feelings in metamorphosed form. The micrological focus of the analysis of the group's emotions is balanced by a rereading of both Helmut Schelsky's study about the “skeptical generation” and texts by researchers associated with the Institute for Social Research who came to markedly different conclusions about the West German youth.

We investigate a class of adjective phrases composed of a deadjectival adverb ending in -ly and an adjective head (e.g. staggeringly incompetent, absolutely terrific, fiscally responsible), a compact construction whereby two adjectives may jointly contribute to evaluative meaning. Using corpus methodologies on more than 1 million examples and relying on semantic analyses of about 1,000 instances, we propose that the construction can be divided into different semantic subtypes, including Degree (deeply disturbing), Focus (utterly ridiculous), Manner (delightfully performed), Reaction (strangely compelling), Topical (historically inaccurate) and Epistemic (intuitively obvious), among others. Using this typology, we investigate the relative distribution of each subtype across several registers of written English. We found a high frequency of the Reaction subtype in book, film and art reviews, and we suggest a discourse-functional explanation for this, linked to the perceived value of originality in expressive writing. This investigation reveals the power of semantically informed, corpus methodologies to shed light on the distribution of specific constructions.