Remedies
Cummings v. Premier Rehab Keller, P.L.L.C.
The Spending ClauseU.S. Const. art. I, § 8, cl. 1 (“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the…
Constitutional Law
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Second Amendment
Race 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…
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Constitutional Law
Violence and Nondelegation
Introduction Debates over delegation are experiencing a renaissance.See generally, e.g., F. Andrew Hessick & Carissa Byrne Hessick, Nondelegation and Criminal Law, 107 Va. L. Rev. 281 (2021); Julian Davis Mortenson…
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Guns
Public 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…
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Race and the Law
Parchment 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…
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Second Amendment
Racist Gun Laws and the Second Amendment
For a significant portion of American history, gun laws bore the ugly taint of racism.On the racist history of gun laws, see generally Clayton E. Cramer, The Racist Roots of…
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Constitutional Law
Puzzles 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 Democracy. By Joseph Fishkin and William…
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Comparative Law
Is 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.See A Conversation Between U.S. Supreme Court…
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Aesthetic Regulation
Burns v. Town of Palm Beach
Eleventh Circuit Rejects First Amendment Claim for Residential Architecture.
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Fourth Amendment
The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021
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…