Issue 6
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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 -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Forgotten Refugees? Engendering Assembly
This paper addresses three specific issues: Professor Inazu‘s treatment of the always-contested divide between public and private, his overly narrow reading of the Supreme…
Susan Frelich Appleton -
ArticleVol. 89 · Iss. 6
Commentary—How Necessary Is the Right of Assembly?
As a political culture seemingly hard-wired for the full-throated championing of individual rights, we are not quite sure what to do with liberty claims…
Robert K. Vischer -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Liberty’s Refuge is an important book with a lot of original and interesting things to say about the First Amendment. In many ways, however,…
Ashutosh Bhagwat -
ArticleVol. 89 · Iss. 6
Introduction—Entering Liberty’s Refuge (Some Assembly Required)
This brief discussion of a book I greatly admire, by an author I am fortunate to know as a colleague and a friend, cannot…
Gregory P. Magarian -
ArticleVol. 89 · Iss. 6
Linking the Questions: Judicial Supremacy As a Matter of Constitutional Interpretation
This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account…
Tabatha Abu El-Haj -
ArticleVol. 89 · Iss. 6
Rebellious State Crimmigration Enforcement and the Foreign Affairs Power
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These…
Mary Fan -
ArticleVol. 89 · Iss. 6
Defining Patent Scope by the Novelty of the Idea
Patent law defines novelty by the creation of a new embodiment, not an idea. For example, the Wright brothers are deemed to have invented…
Tun-Jen Chiang -
CommentaryVol. 89 · Iss. 6
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal…
Christopher Slobogin -
NoteVol. 89 · Iss. 6
Court-Mandated Story Time: The Victim Narrative in U.S. Asylum Law
In the late 2000s and early 2010s, anti-immigrant rhetoric rose on a tide of fears about the U.S. economy. Nativist narratives inspired by rising…
Jessica Mayo -
NoteVol. 89 · Iss. 6
The Unwarranted Weight of a “Paper Barrier”: A Proposal to Ax the Apex Doctrine
Lee Iacocca is one of the most recognizable CEOs in the world, linked with both Chrysler’s successful revival and the Ford Pinto’s unenviable infamy.…
Amalia L. Lam