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Full-Text Articles in Law
The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack
Malla Pollack
The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.
Free Speech, Arthur Lang
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
John M Greabe
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel
David B Kopel
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for …