Factions for the Rest of Us

by John D. Inazu

I am grateful to Washington University School of Law for hosting the recent discussion on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. I had three objectives in writing Liberty’s Refuge: one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The [...]

Liberty’s Forgotten Refugees? Engendering Assembly

by Susan Frelich Appleton

John Inazu’s impressive book, Liberty’s Refuge: The Forgotten Freedom of Assembly, interweaves two projects. First, it critiques the Supreme Court’s development of the freedom of association. Second, it makes the case for reviving the freedom of assembly in order to strengthen constitutional protection for the rights of groups, in particular, groups’ “right to exclude.” [...]

How Necessary is the Right of Assembly?

by Robert K. Vischer

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 by groups. Whether we are talking about corporate speech rights, the treatment of religious student groups at public universities, the limits of the ministerial exception, the Boy Scouts’ [...]

Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly

by Ashutosh Bhagwat

Professor John Inazu’s recently published book, Liberty’s Refuge: The Forgotten Freedom of Assembly, is a truly impressive achievement. It is a good book for all of the usual reasons: it is well-researched, well-written, and persuasive. But Liberty’s Refuge is more than just well done—it is an important book in the contribution it makes to [...]

Entering Liberty’s Refuge (Some Assembly Required)

by Gregory P. Magarian

The opportunity to introduce this exchange about Professor John Inazu’s Liberty’s Refuge: The Forgotten Freedom of Assembly confers a daunting privilege. Giving a decent account of someone else’s argument always makes for rough going, and the task becomes especially difficult when the argument features as much detail and nuance as Inazu has packed into [...]

Linking the Questions: Judicial Supremacy as a Matter of Constitutional Interpretation

by Tabatha Abu El-Haj

This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account of the practice of constitutional interpretation. Without a clear sense of what constitutional interpretation involves, one cannot assess the prevailing assumption that the Supreme Court is uniquely positioned to interpret the [...]

Rebellious State Crimmigration Enforcement and the Foreign Affairs Power

by Mary D. Fan

The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration (“crimmigration”), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of “cooperative [...]

Defining Patent Scope by the Novelty of the Idea

by Tun-Jen Chiang

Patent law defines novelty by the creation of a new embodiment, not an idea. For example, the Wright brothers are deemed to have invented the airplane because nobody made an airplane before, not because they were the first to think of flying.
Patent law then defines monopoly scope through a theory of disclosure of embodiments: despite [...]

Corporate Social Responsibility After Disaster

by Susan S. Kuo, Benjamin Means

In recent years, corporations have devoted substantial resources to disaster relief worldwide. For instance, Wal-Mart garnered favorable attention for its contributions in New Orleans and the Gulf Coast after Hurricane Katrina. According to company press releases, Wal-Mart recently gave hundreds of thousands of dollars for disaster relief in Brazil following a flood, [...]

The Unwarranted Weight of a “Paper Barrier”: A Proposal to Ax the Apex Doctrine

by Amalia L. Lam

[I]f Mr. Iacocca has any information, albeit inadmissible as evidence reasonably calculated to lead to the discovery of admissible evidence, he must be required to reveal the same. His prestigious position is an unimpressive paper barrier shielding him from the judicial process . . . . [But] [t]he fact remains he is a singularly unique [...]

Court-Mandated Story Time: The Victim Narrative in U.S. Asylum Law

by Jessica Mayo

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 unemployment dominated an increasingly antagonistic debate about U.S. immigration policy. Restrictive state laws, most notably those found in Alabama and Arizona, and a movement to ban birthright citizenship [...]