Category Constitutional Law
The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]
Good morning; let’s talk about tax policy! One of the ways Senator Bernie Sanders has offered to finance his suggested health care plan is a wealth tax. A wealth tax does what it says on the box: taxes assets, as opposed to our current tax structure, which taxes income. This is far from the first […]
This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]
The past weekend’s white nationalist rally in Charlottesville meant déjà vu all over again regarding the status of “hate speech” under the First Amendment. As a positivist matter this debate is a nonsense: uncountable cases made it quite clear over the past hundred years that bigots are entitled to speak their mind. “Hate speech” is […]
[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]
Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.
Absent class members play a protean role in the lifecycle of a lawsuit. Parties for some purposes, but not others,  their status continues to vex courts in a variety of situations. That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]