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8 Jan 2012, 2:25 pm
(David Kopel) What are the most draconian three-strikes laws currently on the books? [read post]
6 Jan 2012, 12:45 pm
Here is the abstract: Gary Lawson & David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the mandate (and perhaps much else in the U.S. [read post]
30 Dec 2011, 4:10 pm
David B. [read post]
28 Dec 2011, 10:20 am
(David Kopel) According to the New York Times, the answer seems to be “yes. [read post]
15 Dec 2011, 12:52 pm
David B. [read post]
9 Dec 2011, 7:59 am
(David Bernstein) With the holidays approaching, I thought I’d provide a friendly reminder that books by Volokh Conspiracy bloggers make great presents for that special legal theory nerd/historian/law student/libertarian/law geek/Second Amendment enthusiast/educated lay reader/etc. on your list. [read post]
8 Dec 2011, 11:23 pm
(David Kopel) Regarding Eugene Volokh’s post below about an NYU L. [read post]
7 Dec 2011, 5:35 pm
(David Kopel) That’s the title of my new law review article, currently in the editing process at the Charleston Law Review. [read post]
5 Dec 2011, 2:38 pm
(David Kopel) Over at Balkinization, Andrew Koppelman (Northwestern) has an interesting and thoughtful post on the state of originalism. [read post]
1 Dec 2011, 2:54 pm
(David Kopel) So said the unanimous Supreme Court in United States v. [read post]
30 Nov 2011, 1:11 pm
(David Kopel) H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012, has already passed the House, and is currently before the Senate. [read post]
23 Nov 2011, 9:14 am
(David Kopel) During the early and mid-1960s, a typical theme of television situation comedies was a character who is some way was different from everyone else, and whose difference (or whose very existence) needed to be concealed from almost everyone by the show’s protagonist. [read post]
19 Nov 2011, 3:20 pm
(David Kopel) The question has bothered me for decades. [read post]
18 Nov 2011, 7:35 am
” Finally, at the Volokh Conspiracy, David Kopel argues that the individual mandate cannot be upheld as “a necessary and proper exercise of the power to regulate interstate commerce. [read post]
17 Nov 2011, 4:12 pm
(David Kopel) Next semester I will teaching the Constitutional Law I class at Denver University. [read post]
17 Nov 2011, 1:33 pm
(David Kopel) Gary Lawson and I explain why, in an article published last week by Yale Law Journal Online.In short, the Necessary and Proper Clause expressed the well-known agency law doctrine of principals and incidents. [read post]
16 Nov 2011, 3:24 pm
(David Kopel) By a vote of 272 to 154. [read post]
14 Nov 2011, 8:10 am
Preferred citation: Gary Lawson & David B. [read post]
11 Nov 2011, 7:54 pm
(David Kopel) Back in the olden days, readers interested in the history of a presidential race would have to wait until the year after the election to read a book about it. [read post]
19 Oct 2011, 7:09 pm
(David Kopel) The American Revolution took place because of various abuses of the rights of Americans by the British government. [read post]
