Topic
Constitutional Law
Posts
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ArticleVol. 91 · Iss. 3
For-Profit Corporations, Free Exercise, and the HHS Mandate
Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA-approved contraceptive methods and…
Scott W. Gaylord -
CommentaryVol. 91 · Iss. 2
The Federal Media Shield Folly
News organizations have pushed for a federal law protecting journalists from compelled disclosure of confidential sources and unpublished information since the Supreme Court ruled…
Brad A. Greenberg -
NoteVol. 91 · Iss. 1
The Proper Meaning of “Proper”: Why the Regulation ofIntrastate, Non-CommercialSpecies Under the Endangered Species Act Is an Invalid Exercise of the Commerce Clause
This Note argues that the ESA‘s regulation of purely intrastate, non- commercial species is an invalid exercise of the Commerce Clause. Reviewing courts have…
Kevin Simpson -
ArticleVol. 91 · Iss. 1
How NFIB v. Sebelius Affects the Constitutional Gestalt
This Essay examines the effects of the Supreme Court‘s decision in National Federation of Independent Business v. Sebelius, in which the Court addressed the…
Lawrence B. Solum -
ArticleVol. 97 · Iss. 3
Collective Goods and The Court: A Theory of Constitutional Commodification
Not everything is or should be for sale. Collective goods such as our democracy and parts of our natural environment would be destroyed if…
Eric W. Orts & Amy J. Sepinwall -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun -
ArticleVol. 98 · Iss. 2
Sex, Causation, and Algorithms: How Equal Protection Prohibits Compounding Prior Injustice
U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute (VMI)…
Deborah Hellman -
CommentaryVol. 90 · Iss. 6
Poking Holes in L.A.’s New Condom Requirement: Pornography, Barebacking, and Speech
In November 2012, California voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act, known as ?Measure B. The…
Alexander S. Birkhold -
ArticleVol. 90 · Iss. 6
The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability
“Navigability”—the degree to which a particular water body can be used by various boats and other watercraft—has a long, important history in federal constitutional…
Robert W. Adler -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
ArticleVol. 88 · Iss. 1
In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional…
Eric Berger -
ArticleVol. 89 · Iss. 6
Response—Factions for the Rest of Us
This response paper highlights the author’s three objectives in writing Liberty?s Refuge: one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with…
John D. Inazu