Constitutional Law


1/7/04 ?Boring administrative stuff, how Con Law is different, about Justice O’Connor


1/8/04 ?The Second Amendment, the machine gun case, a matter of interpretation



1/12/04 ?The Commerce Clause ?United States v. Lopez, back to the Second Amendment, two types of constitutional questions, the “power? question, the “rights?question, state versus federal powers, consequences of Lopez


1/13/04 ?Breyer’s dissent in Lopez, Wickard v. Filburn, the aggregation principle, a pause, the “rational basis?idea


1/14/04 ?A bit of a history lesson, Schecter Poultry, Carter Coal, Jones & Laughlin, Wickard v. Filburn


1/15/04 ?United States v. Morrison, the constitutional question of Morrison, Foley’s take



1/20/04 ?United States v. McCoy, the constitutional issue, the dissent


1/21/04 ?More on McCoy ?the jurisdictional hook


1/22/04 ?“Facial?versus “as-applied?challenges, Raich v. Ashcroft



1/26/04 ?The Tenth Amendment, Reno v. Condon, Hypotheticals on the Tenth Amendment


1/27/04 ?Tenth Amendment flip-flops, Printz v. United States


1/28/04 ?The terrorism hypothetical and more on Printz


1/29/04 ?South Dakota v. Dole, the relatedness prong, O’Connor’s dissent



2/2/04 ?An aside about deference ?a common thread, United States v. Sabri


2/3/04 ?More on Sabri, “facial?challenges


2/4/04 ?Donuts and challenges, alternatives to ?666


2/5/04 ?Sabri distinguished from Dole, some thoughts on the briefs



2/9/04 ?Pharmaceutical Research and Mfrs. of America v. Walsh


2/10/04 ?More on preemption


2/11/04 ?Dormant Commerce Clause


2/12/04 ?Hillside Dairy, Inc. v. Lyons, More on Maine Rx and Pharmaceutical Research and Mfrs. of America v. Walsh



2/16/04 ?Kassel v. Consolidated Freightways Corp. of Delaware


2/17/04 ?Camps Newfound/Owatonna, Inc. v. Town of Harrison, Me.


2/18/04 ?Conservation Force, Inc. v. Manning, Heald v. Engler


2/19/04 ?Finishing up Heald v. Engler, Doran v. Massachusetts Turnpike Authority, Alliant Energy Corp. v. Bie



2/23/04 ?Padilla v. Rumsfeld


2/24/04 ?Justice Jackson in Youngstown Sheet, Dames & Moore v. Regan


2/25/04 ?Ex parte Quirin


2/26/04 ?An outline of Padilla, Ex parte Milligan



3/1/04 ?Executive privilege and Watergate ?United States v. Nixon

3/2/04 ?In re Cheney


3/3/04 ?More on Cheney, the political question doctrine [accidentally deleted all my notes]


3/4/04 ?More on the political question doctrine



3/8/04 ?The Equal Protection Clause, levels of scrutiny, under-inclusiveness versus over-inclusiveness


3/9/04 ?New York City Transit Authority v. Beazer


3/11/04 ?A buncha stuff



3/15/04 ?Gender discrimination ?United States v. Virginia


3/16/04 ?More on the VMI case, Nguyen v. Immigration and Naturalization Service



3/29/04 ?City of Cleburne, Texas v. Cleburne Living Center


3/30/04 ?More on Cleburne, Grutter v. Bollinger


3/31/04 ?More on Grutter


4/1/04 ?Gratz v. Bollinger



4/5/04 ?Lochner v. New York, Griswold v. Connecticut


4/6/04 ?More on Griswold


4/7/04 ?Stenberg v. Carhart, Washington v. Glucksberg


4/8/04 ?More on Glucksberg



4/12/04 ?Lawrence v. Texas


4/13/04 ?More on Lawrence


4/15/04 ?Lofton v. Secretary of the Department of Children and Family Services



4/19/04 ?The state action doctrine


4/20/04 ?The difference between the Thirteenth Amendment and the Fourteenth Amendment, Section 5 of the Fourteenth Amendment


4/21/04 ?United States v. Morrison ?Fourteenth Amendment issues, Nevada Department of Human Resources v. Hibbs


4/22/04 ?More on ?5, the briefs in Padilla v. Rumsfeld



4/26/04 ?More on the Padilla briefs


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