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Jurisprudence

Series

2017

Constitutional Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Gun Rights And The New Lochnerism, Areto A. Imoukuede Jan 2017

Gun Rights And The New Lochnerism, Areto A. Imoukuede

Journal Publications

This Article examines the Supreme Court's recent Second Amendment cases as applications of the same libertarian bias that has undermined constitutional law's fundamental rights doctrine. The concept of a libertarian bias that is based in a New Lochnerism was previously introduced in both The Fifth Freedom and The New Due Process. The analysis here demonstrates that the recently revised doctrine regarding the Second Amendment and gun rights is driven by the current Supreme Court ("Court") hostility towards government regulation in a manner that is akin to what was seen during the Lochner Era. Regrettably, this Article is timely and is …


A Contextual Approach To Harmless Error Review, Justin Murray Jan 2017

A Contextual Approach To Harmless Error Review, Justin Murray

Articles & Chapters

Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmlesserror review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with criminal …