The Coherence of Prison Law
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”79×79. Justin Driver & Emma Kaufman,...
View ArticleMeriwether v. Hartop
Fierce debate surrounds campus speech that is harmful toward minority groups — and universities’ attempts to regulate it.1×1. See, e.g., Stephen J. Wermiel, The Ongoing Challenge to Define Free Speech,...
View ArticleThe Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law,...
The full text of this Article may be found by clicking on the PDF link to the left. Fourth Amendment law is in flux. The Supreme Court recently established, in the landmark case Carpenter v. United...
View ArticleBurns v. Town of Palm Beach
Vitruvius wrote that architecture must possess strength, utility, and beauty.395×395. Vitruvius, The Architecture of Marcus Vitruvius Pollio bk. I, ch. 3, at 15 (Joseph Gwilt trans., London, Priestley...
View ArticleIs a Science of Comparative Constitutionalism Possible?
Introduction Nearly a generation ago, Justice Scalia and Justice Breyer debated the legitimacy and value of using foreign law to interpret the American Constitution.229×229. See A Conversation Between...
View ArticlePuzzles of Progressive Constitutionalism
Against Constitutionalism. By Martin Loughlin. Cambridge, MA: Harvard University Press. 2022. Pp. xi, 250. $39.95. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American...
View ArticleRacist Gun Laws and the Second Amendment
For a significant portion of American history, gun laws bore the ugly taint of racism.237×237. On the racist history of gun laws, see generally Clayton E. Cramer, The Racist Roots of Gun Control, Kan....
View ArticleParchment Rights
Introduction Like many places in central Louisiana, Grant Parish became a haven for oil and gas prospecting in the late 1890s. Once speculators discovered the rich reserves, they hoped the new industry...
View ArticlePublic Carry and Criminal Law after Bruen
Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public. More than twenty states have removed...
View ArticleViolence and Nondelegation
Introduction Debates over delegation are experiencing a renaissance.64×64. See generally, e.g., F. Andrew Hessick & Carissa Byrne Hessick, Nondelegation and Criminal Law, 107 Va. L. Rev. 281...
View ArticleRace and Guns, Courts and Democracy
Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York State Rifle & Pistol Ass’n...
View ArticleDenezpi v. United States
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.”982×982. U.S. Const. amend. V (“No person shall . . . be subject for the...
View ArticleCity of Austin v. Reagan National Advertising of Austin, LLC
Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And the third regulates only signs...
View ArticleThe Imperial Supreme Court
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical restructuring of...
View ArticleThe Roberts Court’s Structural Incrementalism
Too often, Supreme Court opinions raise more questions than they answer. Those of us who painstakingly parse the Justices’ writings for insights often lament the explanations not offered. It would be...
View ArticleDiscrimination Blocking: A New Compelling Interest for Affirmative Action
In 1951, a promising young student submitted his application to the School of Theology at Boston University.417×417. Boston University, Martin Luther King, Jr. Rsch. & Educ. Inst.,...
View ArticleThe “Common-Good” Manifesto
In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The book must be...
View ArticleNekrilov v. City of Jersey City
One hundred years ago, Justice Holmes commented that “while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking”323×323. Pa. Coal Co. v. Mahon,...
View ArticleStanding in the Way: The Courts’ Escalating Interference in Federal Policymaking
The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights.171×171. See The Declaration of Independence para. 2 (U.S. 1776) (“[T]o secure these...
View ArticlePrice v. Garland
“Wherever the title of streets and parks may rest,” Justice Roberts wrote almost a century ago, “they have immemorially been held in trust for the use of the public . . . for purposes of assembly,...
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