This Comment uses the case study of guns-at-work laws to understand Cedar Point v. Hassid’s per se takings rule as well as its exceptions. Enacted by about half of the States, guns-at-work laws protect the right of a business’s employees, customers, and invitees to store firearms in private vehicles even if those private vehicles are on company property (i.e. parking lots/parking structures). While these laws have long survived Takings Clause challenges, Cedar Point revived the viability of such challenges. Using the example of guns-at-work laws, the Comment seeks both to understand the scope of Cedar Point’s per se takings rule and to clarify and develop the open-to-the-public and long-standing restrictions on property rights exceptions to it.
Constitutional Law
Courts, litigants, and scholars should not be confused by the ongoing debate about nationwide or so-called “universal” injunctions: the proper scope of remedies under the Administrative Procedure Act (APA) and other statutes providing for judicial review of agency action is “erasure.” This Article aims to save scholars’ recent progress in showing the legality of stays and vacatur under the APA from muddled thinking that conflates these forms of relief with other universal remedies that face growing criticism.
The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.
TW: Rape, Sexual Assault
In June 2022, Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), leaving states with complete discretion in determining the legality of abortion.
A Response to On the Manner of the Appointment of Justices to the Supreme Court: Revising Federalist No. 78.
It is with a not insignificant amount of pride that I look upon the nation that I and my fellow patriots birthed into existence more than two centuries past.
This past term, the Supreme Court in Kennedy v. Bremerton School District (2022) formally overturned the notorious Lemon test that had governed Establishment Clause jurisprudence for more than a half-century.
Federal habeas corpus can appear to many as a convoluted minefield.
Imagine that a convicted felon in Illinois is pulled over by the police. He hasn’t smoked all day. Stuffed in his coat pocket, however, is a baggy containing marijuana residue—a remnant from several days prior.
In August 2021, the Honorable Miranda M. Du, Chief Judge for the district court of the District of Nevada, struck down 8 U.S.C § 1326, the federal criminal statute that addresses “illegal reentry” into the United States.