Per Curiam
The Presidential Immunity Decision – Robert Delahunty & John Yoo
Download PDF The Presidential Immunity Decision Robert Delahunty & John Yoo * In Trump v. United States,[1] the Supreme Court issued one of the most resounding defenses of executive power in its history. It held that former Presidents enjoy absolute immunity from federal prosecution for actions within their core constitutional powers. Writing for a 6-3 majority, Chief Justice John Roberts claimed the decision had little to do with the charges against Donald Trump for the January 6, 2021 Capitol attack and everything to do with the...
read moreKeeping the Faith: How Recent RLUIPA Decisions Are Reshaping Religious Freedom for Incarcerated Individuals – Nick Reaves
Download PDF Keeping the Faith: How Recent RLUIPA Decisions Are Reshaping Religious Freedom for Incarcerated Individuals By Nick Reaves* Introduction The freedom to practice one’s faith while incarcerated is on the upswing. One could even argue that the Supreme Court’s current interpretation of the legal standard set forth in the Religious Land Use and Institutionalized Persons Act (RLUIPA) is more protective of incarcerated individuals’ religious freedom than free exercise law has been at any other time in our Nation’s history. Nevertheless,...
read moreTextualism, the Gun Control Act, and ATF’s Redefinition of “Firearm” – Stephen P. Halbrook
Download PDF Textualism, the Gun Control Act, and ATF’s Redefinition of “Firearm” Stephen P. Halbrook* The Supreme Court has granted the Attorney General’s petition for a writ of certiorari in a case concerning agency authority to adopt regulations that expand the definitions found in the Gun Control Act of 1968, 18 U.S.C. § 921 et seq. (“the GCA”). In VanDerStok v. Garland, the Fifth Circuit decided that the regulations unlawfully expanded the reach of the GCA’s criminal provisions and exceeded the powers that Congress delegated to the...
read moreProblems with Rulemaking by District Court Enforcement Action: the SEC’s Improper Cryptocurrency Regulation – Eric Wessan & Phil Pillari
Download PDF Problems with Rulemaking by District Court Enforcement Action: the SEC’s Improper Cryptocurrency Regulation Eric Wessan and Phil Pillari* Introduction Cryptocurrencies have become a vibrant part of the global economy. Unsurprisingly, the United States is the global leader in developing and advancing cryptocurrency and blockchain technology. But as with any new technology, the rise and prominence of cryptocurrencies create both opportunities and challenges. Some of those challenges are regulatory in nature. As States, the federal...
read moreJarkesy and Gravitational Pull: The Supreme Court’s Approach To Precedent And Its Implications – Michael Showalter
Download PDF Jarkesy And Gravitational Pull: The Supreme Court’s Approach To Precedent And Its Implications Michael Showalter* Introduction In a June 2024 concurring opinion, U.S. Supreme Court Justice Brett Kavanaugh argued that text and history should exert a “gravitational pull” on the interpretation of precedent. The majority opinion he joined in SEC v. Jarkesy, decided a week later, provides an illustration. Jarkesy was a battle of text and history versus mixed precedent. The question presented was whether the SEC could assess civil...
read moreProxies, Quorum, and Legislative Immunity – Kimo Gandall
Download PDF Proxies, Quorum, and Legislative Immunity Kimo Gandall* On March 13, 2020, President Trump declared a nationwide emergency in response to the COVID-19 pandemic.[1] Two days later, on March 15th, public shutdowns began, and the government began to institute mandatory quarantines.[2] Two months later, the House of Representatives approved House Resolution 965, which authorized a process under which House Members could both cast votes and establish presence via proxy, allowing the House to meet quorum even though most members of...
read moreWater and Federalism in Texas v. New Mexico – Frances Williamson
Download PDF Water and Federalism in Texas v. New Mexico Frances Williamson* Drought plagues the western United States.[1] California, Colorado, Arizona, New Mexico, and Texas, among others, rely heavily on the dwindling flow of two major rivers: the Colorado River and the Rio Grande River. These rivers provide millions with drinking water and support hundreds of thousands of acres of agriculture. As the water disappears, states, tribes, and communities are left wondering what the future holds in a dry climate. Unsurprisingly, scarcity and...
read moreIf You’re Worried About Lina Khan, Then Support Specific Authority Bills – Joel Thayer
Download PDF If You’re Worried About Lina Khan, Then Support Specific Authority Bills Joel Thayer* The adverse impact large tech firms have on children’s mental health and free markets are undeniable.[1] In that vein, Congress has proffered several proposals to address those issues, such as the Kids Online Safety Act (KOSA)[2] and the Open Apps Market Act (OAMA)[3]. KOSA imposes a duty of care on social media companies to protect children from those platforms’ addictive, behavioral functions. OAMA would set guardrails on app store providers,...
read moreMuch Ado About Nothing: Rahimi Reinforces Bruen and Heller – Mark W. Smith
Download PDF Much Ado About Nothing: Rahimi Reinforces Bruen and Heller Mark W. Smith* On June 21, 2024, the Supreme Court issued its much-anticipated decision in United States v. Rahimi.[1] In that case, the Fifth Circuit had declared that a federal criminal statute, 18 U.S.C. § 922(g)(8), which prohibits persons subject to domestic violence restraining orders from possessing firearms, violated the Second Amendment. From the day that the Supreme Court granted certiorari, Rahimi was the talk of the town among advocates and opponents of the...
read moreWhat We Did and Did Not Argue in United States v. Trump – Seth Barrett Tillman & Josh Blackman
Download PDF What We Did and Did Not Argue in United States v. Trump Seth Barrett Tillman* Josh Blackman** Editor’s Note: This essay had already been submitted to the Harvard Journal of Law & Public Policy before United States v. Trump was decided by the United States District Court for the Southern District of Florida on July 15, 2024. The authors have decided to publish this essay without regard to the District Court’s decision, and they will address that decision in future writings. On June 21, 2024, Judge Aileen Cannon of the...
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