Constitutional Law
United States v. Perez
Second Circuit Rules Prohibition of Firearms Possession by Undocumented Immigrants Passes Intermediate Scrutiny
Constitutional Law
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Local Government
Power and Powerlessness in Local Government: A Response to Professor Swan
Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of rural power stems in large part…
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Constitutional Law
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and Procedure concludes, “we ought to keep…
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Originalism
On Inkblots and Truffles
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more modest. Drawing on Professor R. Eugene…
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Originalism
Originalism: Standard and Procedure
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy,…
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Fourth Amendment
Leaders of a Beautiful Struggle v. Baltimore Police Department
Fourth Circuit Holds Warrantless Access of Aerial Surveillance Data Unconstitutional
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Criminal Law
In re Humphrey
California Supreme Court Holds Detention Solely Because of Inability to Pay Bail Unconstitutional
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Constitutional Law
Constitutional Off-Loading at the City Limits
The most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For instance, towns that have proclaimed themselves…
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Constitutional Law
The Incoherence of Prison Law
In recent years, legal scholars have advanced powerful critiques of mass incarceration. Academics have indicted America’s prison system for entrenching racism and exacerbating economic inequality. Scholars have said much less…
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Constitutional Law
Price and Sovereignty
[W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen, Property and SovereigntyMorris R. Cohen, Property…