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Full-Text Articles in Law

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall May 2018

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall

NULR Online

Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill Nov 2014

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

NULR Online

No abstract provided.


Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke Aug 2014

Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke

NULR Online

No abstract provided.


Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders Jun 2014

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

NULR Online

No abstract provided.


Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang Mar 2014

Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang

NULR Online

No abstract provided.


Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall Mar 2014

Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall

NULR Online

No abstract provided.


The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum Feb 2014

The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum

NULR Online

No abstract provided.


Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout Feb 2014

Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout

NULR Online

No abstract provided.


Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt Nov 2013

Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt

NULR Online

No abstract provided.


Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman Nov 2013

Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman

NULR Online

No abstract provided.


A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger Nov 2013

A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger

NULR Online

No abstract provided.


The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti Oct 2013

The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti

NULR Online

No abstract provided.


Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg Oct 2013

Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg

NULR Online

No abstract provided.


The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports Aug 2013

The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports

NULR Online

No abstract provided.


The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam Jul 2013

The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam

NULR Online

No abstract provided.


Chief Justice Roberts's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian Jul 2013

Chief Justice Roberts's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian

NULR Online

No abstract provided.


Catch Twentywu The Oral Argument In Fisher V. University Of Texas And The Obfuscation Of Critical Mass, Sheldon Bernard Lyke Apr 2013

Catch Twentywu The Oral Argument In Fisher V. University Of Texas And The Obfuscation Of Critical Mass, Sheldon Bernard Lyke

NULR Online

No abstract provided.


The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman Apr 2013

The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman

NULR Online

No abstract provided.


The Contraception Mandate, Caroline Mala Corbin Nov 2012

The Contraception Mandate, Caroline Mala Corbin

NULR Online

No abstract provided.


A Tort Statute, With Aliens And Pirates, Eugene Kontorovich Aug 2012

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

NULR Online

No abstract provided.


The End Of "One Hand": The Egyptian Constitutional Declaration And The Rift Between The "People" And The Supreme Council Of The Armed Forces, Kristen A. Stilt Jan 2012

The End Of "One Hand": The Egyptian Constitutional Declaration And The Rift Between The "People" And The Supreme Council Of The Armed Forces, Kristen A. Stilt

Faculty Working Papers

By some point in the fall of 2011, Egyptians in large numbers no longer viewed the Supreme Council of the Armed Forces (SCAF) as the guardian of the revolution and even considered it the revolution's antagonist. "The army and the people are one" was a common slogan in the early days following Mubarak's ouster on February 11, 2011, but the situation had changed dramatically by the landmark date of October 9, when the military used violence against its own citizens, killing approximately twenty-five Christians at a protest outside Maspero, the headquarters of the Egyptian state television. Violence against protestors continued …


A Tort Statute, With Aliens And Pirates, Eugene Kontorovich Jan 2012

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …


Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews Jan 2012

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

Faculty Working Papers

This article makes an originalist argument in defense of the Supreme Court's holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi's work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …


Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich Jan 2012

Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich

Faculty Working Papers

Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …


Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman Jan 2012

Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman

Faculty Working Papers

How many constitutions have we? Part of what we hope for from constitutional law is that we be united, despite our political differences, by a unifying political charter. John Rawls speaks for many when he writes that a well-ordered society "is a society all of whose members accept, and know that the others accept, the same principles (the same conception) of justice."

Jack Balkin argues that we have to give up on the Rawlsian aspiration, and learn to live in a world where, at a fundamental level, our fellow citizens are strange to us. They believe in different principles than …


State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder May 2011

State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder

NULR Online

No abstract provided.


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein Apr 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein

NULR Online

The sudden emergence and prominence of the Tea Party movement raises important questions about the role of the Constitution in popular politics. More than any political movement in recent memory, the Tea Party movement is centrally focused on the meaning of the Constitution. Tea Party supporters believe that the nation is facing a crisis because it has abandoned the Constitution, and they seek to restore the government to what they believe are its foundational principles.


The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett Apr 2011

The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett

NULR Online

No abstract provided.