Constitutional Law

Takings and Extortion

Written by: Daniel P. Selmi

Abstract The Supreme Court has repeatedly employed an extortion narrative in deciding when governmental actions imposing exactions on development projects constitute takings under the Fifth Amendment. In that narrative, local officials act in ever-present bad faith by misusing their regulatory powers to coerce concessions by developers seeking land use approvals. While the extortion narrative has […]

Andrew Jay McClurg, The Second Amendment Right To Be Negligent

68 Fla. L. Rev. 1 Abstract Only two constitutional rights—the First and Second Amendments—have a realistic capacity, through judicial interpretation or legislative action or inaction, to confer a “right to be negligent” on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for […]

R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss

Introduction The binary distinction between content-neutral and content-based speech regulations is of central importance in First Amendment doctrine. This distinction has been the subject of U.S. Supreme Court attention on several occasions.  As the case law has evolved, however, this apparently crucial distinction has become less clear, coherent, and practical, such that further attempts to […]

Margaret Hu, Big Data Blacklisting

Abstract “Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data […]

Vitaliy Kats, Because, the Internet: The Limits of Online Campaign Finance Disclosure

During the 2011–2012 election cycle, Shaun McCutcheon contributed $33,088 to sixteen different candidates for federal office.  McCutcheon’s donations complied with the base limits the Federal Election Commission (FEC) set for contributions to individual candidates.McCutcheon wanted to contribute more but was barred by the FEC’s aggregate limit on contributions.In June of 2012, McCutcheon and the Republication […]

Marla Spector Bowman, Docs v. Glocks: Doctors, Guns, Discrimination, and Privacy – Is Anyone Winning?

Americans discuss some of the most intimate details of their lives within the small confines of their neighborhood doctor’s office. Many Americans, however, may be taken aback if their physician asked them whether they owned a firearm during a routine physical examination. Although most Americans might not consider firearms education to be their physician’s primary […]