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Articles 1 - 3 of 3
Full-Text Articles in Law
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Brannon P. Denning, Glenn H. Reynolds
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Brannon P. Denning, Glenn H. Reynolds
Brannon P. Denning
This article, written for a symposium held at the University of California-Hastings, surveys lower court decisions applying Heller and the right to keep and bear arms it recognized to federal, state, and local gun laws. While no laws have, to date, been invalidated -- in part because of the strong signals sent by the Heller Court in the opinion -- the Court's recognition that the Second Amendment guarantees an individual right has altered the way in which courts treat gun ownership and, in some cases, has caused non-judicial actors to legislate "in the shadow" of Heller.
The "New Protectionism" And The American Common Market, Brannon P. Denning, Norman R. Williams
The "New Protectionism" And The American Common Market, Brannon P. Denning, Norman R. Williams
Brannon P. Denning
For nearly two centuries, the U.S. Constitution through the dormant Commerce Clause has protected the American common market from protectionist commercial state regulations and taxes. During the past two terms,however, the U.S. Supreme Court created a new exception to the dormant Commerce Clause for protectionist state and local taxes and regulations that favor public rather than private entities. In this Article, we describe this “New Protectionism” and argue that the Court’s embrace of it is profoundly misguided. As we document, there is no material difference, economically or constitutionally, between public protectionism and private protectionism. As illustrated by the variety of …
Publius For All Of Us, Brannon P. Denning
Publius For All Of Us, Brannon P. Denning
Brannon P. Denning
This reviews Dan Coenen's "The Story of the Federalist: How Hamilton and Madison Reconceived America," an outstanding introduction to The Federalist Papers and its political theory.