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…
Constitutional Law
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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…
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Constitutional Law
Meriwether v. Hartop
Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student's Pronouns
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Civil Rights
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.”Justin Driver & Emma Kaufman, The Incoherence…
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Constitutional Law
Campbell v. Reisch
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
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Family Law
Three’s Company, Too: The Emergence of Polyamorous Partnership Ordinances
In the summer of 2020, the city of Somerville, Massachusetts, passed the first multiple-partner domestic partnership ordinance in the country.Jeremy C. Fox, Somerville Recognizes Polyamorous Relationships in New Domestic Partnership…
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Constitutional Law
Alasaad v. Mayorkas
First Circuit Upholds Warrantless, Suspicionless Searches of Electronic Devices at the Border