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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.


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.


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.


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.


Resolving The Qualified Immunity Dilemma: Constitutional Tort Claims For Nominal Damages, James E. Pfander Jan 2011

Resolving The Qualified Immunity Dilemma: Constitutional Tort Claims For Nominal Damages, James E. Pfander

Faculty Working Papers

Scholars have criticized the Court's qualified immunity decision in Pearson v. Callahan on the ground that it may lead to stagnation in the judicial elaboration of constitutional norms. Under current law, officers sued in their personal capacity for constitutional torts enjoy qualified immunity from liability unless the plaintiff can persuade the court that the conduct in question violated clearly established law. Pearson permits the lower courts to dismiss on the basis of legal uncertainty; it no longer requires the courts to address the merits of the constitutional question. This essay suggests that constitutional tort claimants should be permitted to ...


Phony Originalism And The Establishment Clause, Andrew M. Koppelman Jan 2011

Phony Originalism And The Establishment Clause, Andrew M. Koppelman

Faculty Working Papers

The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are remarkably indifferent to the original purposes of that clause. Their arguments are a remarkable congeries of historical error and outright misrepresentation. This is not necessarily a criticism of originalism per se. However, the abuse of originalist scholarship that these judges have practiced raises questions about what originalist scholars are actually accomplishing.


Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman Jan 2010

Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman

Faculty Working Papers

Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.


Corruption Of Religion And The Establishment Clause, Andrew Koppelman Jan 2008

Corruption Of Religion And The Establishment Clause, Andrew Koppelman

Faculty Working Papers

Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This paper explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion.

If the religion-protective argument for disestablishment is to be useful today, it cannot ...