SCOTUS Defends Property Rights, but Raises Constitutional Questions

Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
Understanding the Constitution: the 14th Amendment: Part I

This two-part essay is a primer on the longest amendment ever adopted—the 14th.
McDonald Amicus: Don’t Trust Fairman and Berger

Originally published on Volokh.com Erik S. Jaffe has written a very interesting brief for the CalGuns Foundation. In short, the argument is: “Charles Fairman’s and Raoul Berger’s Work on Fourteenth Amendment Incorporation of the Bill of Rights Is Deeply Flawed, Inaccurate, and Should Not Be Relied Upon by this Court.” To make a long story short, during the […]