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Articles 1 - 14 of 14
Full-Text Articles in Law
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk
Briefs
No abstract provided.
Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick
Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick
Faculty Publications
Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a "collective, ""civic republican," "individual," and 'fundamental" right. Gun rights advocates have defended the right to keep and bear arms on "law and order" grounds, while gun control proponents have urged regulation based on "public health, " "human rights, " and other concerns. These frames and concepts have significantly influenced how the right to keep and bear arms has been debated, interpreted, and enforced. This Article …
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Popular Media
No abstract provided.
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Popular Media
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
Faculty Publications
The U.S. Constitution divides authority over commerce between states and the national government. Passed in 1890, the Sherman Act (“the Act”) reflects this allocation of power, reaching only those harmful agreements that are “in restraint of... commerce among the several States.” This Article contends that the Supreme Court erred when it radically altered the balance between state and national power over trade restraints in 1948, abruptly abandoning decades of precedent recognizing exclusive state authority over most intrastate restraints. This revised construction of the Act contravened the statute’s apparent meaning, unduly expanded the reach of federal antitrust regulation, and undermined the …
Symposium: Liquidating Elector Discretion, Rebecca Green
Symposium: Liquidating Elector Discretion, Rebecca Green
Popular Media
No abstract provided.
Brief Of First Amendment Scholars As Amici Curiae In Support Of Petitioner, Tabatha Abu El-Haj, Timothy Zick, Hyland Hunt
Brief Of First Amendment Scholars As Amici Curiae In Support Of Petitioner, Tabatha Abu El-Haj, Timothy Zick, Hyland Hunt
Briefs
No abstract provided.
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Popular Media
No abstract provided.
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Popular Media
No abstract provided.
First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern
First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern
Faculty Publications
The 20th century emergence of the incorporation doctrine is regarded as a critical development in constitutional law, but while issues related to the doctrine's justification have been studied and debated for more than fifty years, the causes and mechanics of its advent have received relatively little academic attention. This Essay, part of a symposium on Judge Jeffrey Sutton's recent book about state constitutional law, examines the doctrinal origins of incorporation, in an effort to help uncover why the incorporation doctrine emerged when it did and the way it did. It concludes that, for these purposes, incorporation is best understood as …
Liquidating Elector Discretion, Rebecca Green
Liquidating Elector Discretion, Rebecca Green
Faculty Publications
In Chiafalo et al. v. Washington, the US. Supreme Court determined that states may constitutionally remove or punish faithless electors. In support of its holding, the Court cited a 2014 case called National Labor Relations Board v. Noel Canning, which blessed a form of constitutional interpretation that looks to settled practice (or "liquidation," as James Madison called it) to resolve constitutional ambiguity. The Court agreed with petitioners that electors following the majority will of voters in their state is settled practice. This Article engages this assertion, suggesting that the question is more nuanced than the Court allowed. It …
How Many Votes Is Too Few?, Rebecca Green
Property's Problem With Extremes, Lynda L. Butler
Property's Problem With Extremes, Lynda L. Butler
Faculty Publications
Western-style property systems are ill-equipped to deal with extremes--extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies--situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now …
Free Speech Idealism, Timothy Zick