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Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn
Law Faculty Publications
On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.
No Balancing For Anticonstitutional Government Conduct, Bruce Ledewitz
No Balancing For Anticonstitutional Government Conduct, Bruce Ledewitz
Law Faculty Publications
Noted Supreme Court critic Eric Segall has been criticizing the majority opinion in New York State Rifle & Pistol Ass'n v. Bruen for its failure to engage in any kind of means-end balancing in striking down a New York gun control measure--balancing that he argues the Court has engaged in since the Reconstruction era. Segall is hardly the only American law professor to level this charge. But the lack of balancing in Bruen is neither unprecedented nor methodologically innovative. It certainly does not reflect a victory of originalism. Instead, the Bruen decision stands firmly in the tradition that courts do …