Commandeering Information (And Informing the Commandeered)
The anti‐commandeering rule just hit its high point. Fifteen years after the Supreme Court last held a law unconstitutional under… Continue reading →
2013
-
-
Finding the Proper Measure for Conditions of Pretrial Confinement
Like Professor Struve, I would welcome courts’ adoption of a rigorous analytical approach to regulating the conditions under which pretrial… Continue reading →
-
Localist Statutory Interpretation
The average citizen’s point of contact with the judicial system as a litigant is, most likely, in the nation’s municipal,… Continue reading →
-
Neighborhood Empowerment and the Future of the City
In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →
-
The Conditions of Pretrial Detention
The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →
-
The State and the “Psycho Ex-Wife”: Parents’ Rights, Children’s Interests, and the First Amendment
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →
-
The Property Matrix: An Analytical Tool to Answer the Question, “Is This Property?”
While it is easy for us to recognize a tangible object as property, we are less comfortable recognizing an intangible… Continue reading →
-
Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
-
Up for Grabs: A Workable System for the Unilateral Acquisition of Chattels
This paper is about the everyday occurrence of coming across an object in the world and evaluating whether or not… Continue reading →
-
Delay in Considering the Constitutionality of Inordinate Delay: The Death Row Phenomenon and the Eighth Amendment
The Supreme Court has repeatedly declined to address the validity of the unconstitutional delay claim raised by Valle and other… Continue reading →