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Articles 1 - 30 of 105
Full-Text Articles in Law
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
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
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
The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley
NULR Online
No abstract provided.
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
NULR Online
No abstract provided.
Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke
Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke
NULR Online
No abstract provided.
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
NULR Online
No abstract provided.
Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang
Party-Based Corruption And Mccutcheon V. Fec, Michael S. Kang
NULR Online
No abstract provided.
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
Silence Is Golden: Moments Of Silence, Legislative Prayers, And The Establishment Clause, Eric Segall
NULR Online
No abstract provided.
The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum
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
Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout
NULR Online
No abstract provided.
Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt
Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt
NULR Online
No abstract provided.
Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman
Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman
NULR Online
No abstract provided.
A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger
A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy's Majority Opinion, Colin Starger
NULR Online
No abstract provided.
The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti
The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti
NULR Online
No abstract provided.
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
NULR Online
No abstract provided.
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
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
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
Chief Justice Roberts's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian
NULR Online
No abstract provided.
Catch Twentywu The Oral Argument In Fisher V. University Of Texas And The Obfuscation Of Critical Mass, Sheldon Bernard Lyke
Catch Twentywu The Oral Argument In Fisher V. University Of Texas And The Obfuscation Of Critical Mass, Sheldon Bernard Lyke
NULR Online
No abstract provided.
The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman
The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman
NULR Online
No abstract provided.
The Contraception Mandate, Caroline Mala Corbin
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
NULR Online
No abstract provided.
The End Of "One Hand": The Egyptian Constitutional Declaration And The Rift Between The "People" And The Supreme Council Of The Armed Forces, Kristen A. Stilt
The End Of "One Hand": The Egyptian Constitutional Declaration And The Rift Between The "People" And The Supreme Council Of The Armed Forces, Kristen A. Stilt
Faculty Working Papers
By some point in the fall of 2011, Egyptians in large numbers no longer viewed the Supreme Council of the Armed Forces (SCAF) as the guardian of the revolution and even considered it the revolution's antagonist. "The army and the people are one" was a common slogan in the early days following Mubarak's ouster on February 11, 2011, but the situation had changed dramatically by the landmark date of October 9, when the military used violence against its own citizens, killing approximately twenty-five Christians at a protest outside Maspero, the headquarters of the Egyptian state television. Violence against protestors continued …
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Faculty Working Papers
This article makes an originalist argument in defense of the Supreme Court's holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi's work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …
Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich
Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich
Faculty Working Papers
Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …
Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman
Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman
Faculty Working Papers
How many constitutions have we? Part of what we hope for from constitutional law is that we be united, despite our political differences, by a unifying political charter. John Rawls speaks for many when he writes that a well-ordered society "is a society all of whose members accept, and know that the others accept, the same principles (the same conception) of justice."
Jack Balkin argues that we have to give up on the Rawlsian aspiration, and learn to live in a world where, at a fundamental level, our fellow citizens are strange to us. They believe in different principles than …
State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder
State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder
NULR Online
No abstract provided.
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein
NULR Online
The sudden emergence and prominence of the Tea Party movement raises important questions about the role of the Constitution in popular politics. More than any political movement in recent memory, the Tea Party movement is centrally focused on the meaning of the Constitution. Tea Party supporters believe that the nation is facing a crisis because it has abandoned the Constitution, and they seek to restore the government to what they believe are its foundational principles.
The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett
The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett
NULR Online
No abstract provided.