Bianchi v. Brown, 111 F.4th 438 (4th Cir. 2024) (en banc)
“The AR-15 is the best-selling rifle in the United States,” with as many as 16 million Americans owning an AR-15-style firearm. “Assault weapons” like the AR-15 are also disproportionately the weapon...
View ArticleSnails, Trains, and Pragmatist Claims
Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty live snails. The train conductor asked her what was in the...
View ArticleDetermining Rights
Abstract This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view constitutional rights...
View ArticleH.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024)
With minors spending more time than ever on social media, many parents are concerned about its effects on their children. In response, legislatures across the country have passed laws limiting minors’...
View ArticlePeople for the Ethical Treatment of Animals v. Tabak, 109 F.4th 627 (D.C....
How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies communicating with the public via digital...
View ArticleWithout Remedies: The Destructive Effect of Cummings and the Contract Law...
It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity ensures many officials...
View ArticleFederalism Rebalancing and the Roberts Court: A Departure from Historical...
One of the early lessons we learn in life is that things seek balance. When a parent pushes their child on a swing set, the child climbs high into the air but giggles as they swing back. When a high...
View ArticleDoes the Twenty-First Amendment Displace Pike Balancing?
Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against out-of-state economic...
View ArticleThe Law and Lawlessness of U.S. Immigration Detention
Abstract The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including medical mistreatment...
View ArticleTorts Stories After Bivens
In the decade after Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court twice recognized implied causes of action for damages to redress the constitutional torts of...
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