Archive for the 'Volume 89-6' Category
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 defendant to restore competency to stand trial “may be rare.” Experience since Sell indicates that this prediction was wrong. In fact, wittingly or not, Sell created three exceptions to its holding [...]