Law Commons^™

Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee

University of Cincinnati Law Review

No abstract provided.

Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah

University of Cincinnati Law Review

The rules governing the scope of liability in cases where firearms cause injuries—some well-established, others fairly novel—help to define the responsibilities of users, owners, and sellers of these popular but dangerous products. As the U.S. Supreme Court has recently expanded an individual’s right to keep and bear arms, some have wondered whether the Second Amendment might operate to limit the reach of these various tort doctrines. Sixty years ago, the Court started to constitutionalize various aspects of state common law, most famously using the First Amendment to limit defamation claims but in other respects as well. A comparable approach to …

Reconstituting The United States: Could An Article V Convention Prevent The Next January 6?, Paul G. Rando

University of Cincinnati Law Review

No abstract provided.

Federalism As A Constitutional Principle, Ernest Young

University of Cincinnati Law Review

Justice O’Connor rightly called federalism “our oldest question of constitutional law.”1 But the constitutional balance between the nation and the states is hardly what the cool kids are talking about these days. My first-year con law students show up each Fall expecting to learn about same-sex marriage, flag burning, and abortion; they’re plainly disappointed when they pick up the syllabus and see how much of the course is going to be about government structure.

The first part of my talk resists that intuition. The notion that federalism is passé is so tragically wrongheaded that I can’t bear to leave it …