Author Archives: Brock Hankins

Ellen English, “Camels Agree with Your Throat” and Other Lies: Why Graphic Warnings are Necessary to Prevent Consumer Deception

The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the … Continue reading

Posted in Administrative Law, Constitutional Law, First Amendment, Governments and Legislation | Comments Off

Robert J. Pushaw, Jr., The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?

National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination of constitutional power since the New Deal era. The political and media frenzy over … Continue reading

Posted in Administrative Law, Governments and Legislation, Healthcare Law | Comments Off

Katrina M. Wyman & Nicholas R. Williams, Migrating Boundaries

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary … Continue reading

Posted in Economics, Property Law, Water Law | Comments Off

Amy E. Pope, Lawlessness Breeds Lawlessness: A Case for Applying the Fourth Amendment to Extraterritorial Searches

It is a priority of the United States to [h]elp partner countries strengthen governance and transparency, break the corruptive power of transnational criminal networks, and sever state–crime alliances. The United States needs willing, reliable and capable partners to combat the corruption and instability generated … Continue reading

Posted in Fourth Amendment | Comments Off

Wendy Parker, Recognizing Discrimination: Lessons From White Plaintiffs

The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. … Continue reading

Posted in Civil Procedure, Discrimination Law | Comments Off

Jennifer Lee Koh, Rethinking Removability

Removability, in the context of immigration law, refers to the government’s legal authority to seek deportation for violations of the federal immigration statute. Removability matters now more than ever before, both for individuals facing possible deportation as well as for the many governmental institutions … Continue reading

Posted in Immigration Law | Comments Off