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Articles 1 - 30 of 66
Full-Text Articles in Law
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
NULR Online
No abstract provided.
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
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
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
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
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
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
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
NULR Online
No abstract provided.
State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder
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
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
The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett
NULR Online
No abstract provided.
If We Have An Imperfect Constitution, Should We Settle For Remarkably Timid Reform? Reflections Generated By The General Phenomenon Of “Tea Party Constitutionalism” And Randy Barnett’S Particular Proposal For A “Repeal Amendment”, Sanford Levinson
NULR Online
There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large, somewhat inchoate movement that inevitably contains different, often conflicting, strains. As someone from Texas, I am tempted to focus on some of the more extreme ideas associated with various politicians wishing to take advantage of the anger projected by many Tea Partiers toward the national government. Thus at least two candidates for the 2010 Republican nomination for the Texas governorship (including the ultimately successful incumbent, Rick Perry) endorsed or at least flirted with nineteenth century ideas of “nullification” and even secession as a …
The Constitutional Politics Of The Tea Party Movement, Richard Albert
The Constitutional Politics Of The Tea Party Movement, Richard Albert
NULR Online
The Tea Party movement and its constitutional vision for the United States is perhaps the hottest topic in American public law today. The rising tide of popular support for the Tea Party movement has transformed what was once cast aside as a fleeting faction into a formidable force in American politics—one that could augur significant consequences for the contours of American constitutional law in the years ahead.
Scribble Scrabble, The Second Amendment, And Historical Guideposts: A Short Reply To Lawrence Rosenthal And Joyce Lee Malcolm, Patrick J. Charles
Scribble Scrabble, The Second Amendment, And Historical Guideposts: A Short Reply To Lawrence Rosenthal And Joyce Lee Malcolm, Patrick J. Charles
NULR Online
In a recent article Professors Lawrence Rosenthal and Joyce Lee Malcolm provided an intriguing debate over the standard of scrutiny that should be applied to restrictions on the Second Amendment in the wake of McDonald v. City of Chicago. This Article sets forth to illuminate two aspects of that debate. The first is Professor Rosenthal’s concern on the constitutionality of open-carry or conceal-carry prohibitions. He inaccurately claims that the founders left insufficient historical evidence to support such prohibitions. Thus this Article addresses those concerns through the use of “historical guideposts.” The second aspect this Article sets forth to address …
So How Did We Get Into This Mess? Observations On The Legitimacy Of Citizens United, Alexander Polikoff
So How Did We Get Into This Mess? Observations On The Legitimacy Of Citizens United, Alexander Polikoff
NULR Online
How did the American body politic allow business corporations to threaten members of Congress by saying, credibly, “Do what we want or we’ll bury you!”?
On January 21, 2010, the Supreme Court’s 5-4 decision in Citizens United v. Federal Election Commission interpreted the U.S. Constitution’s First Amendment to permit corporations to spend unlimited amounts of money to support or oppose their chosen candidates. "[A] lobbyist," said the front page of the next day’s New York Times, "can now tell any elected official that [if you vote wrong,] my company, labor union or interest group will spend unlimited sums explicitly …
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
NULR Online
The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudication of qualified immunity claims. That experiment began with Saucier v. Katz, in which the Court held that lower courts mustdecide whether a government officer violated a plaintiff’s constitutional rights before addressing the question of whether the government officer was entitled to immunity. The Court’s rationale for requiring lower courts to first address the merits was the need to clarify constitutional law for the benefit of both government actors (who could then better conform their behavior to constitutional standards) and future plaintiffs (who could then …