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Category: CLR Online Volume 108

The Expansive ‘Sensitive Places’ Doctrine: The Limited Right to ‘Keep and Bear’ Arms Outside the Home

Julia Hesse & Kevin Schascheck II

Julia Hesse is the co-chair of Healthcare Group at Choate Hall & Stewart LLP. She is a graduate of the University of Pennsylvania Law School ’01 and the University of Pennsylvania Center for Bioethics ’01.

Kevin Schascheck is currently serving as a federal law clerk. No view expressed herein reflects the opinion or written work of the judge for whom he is clerking. He is a graduate of the University of Virginia School of Law ’22.

In Bruen, the Supreme Court struck down New York’s “may-issue” licensing regime, recognized the right to carry arms outside the home, and announced the historical analogue method to analyze the constitutionality of modern gun laws. In doing so, the Court did not disavow the ‘sensitive places’ doctrine announced in Heller. In response, New York and…

Jan 2024

Historical Appendix to “The Expansive ‘Sensitive Places’ Doctrine: The Limited Right to ‘Keep and Bear’ Arms Outside the Home”

Julia Hesse and Kevin Schascheck II


The following is not intended to be an exhaustive list of laws providing locational or temporal restrictions on firearms, and instead represents the laws we identified in approximately 40-50 hours of research. These laws are gathered into categories. The same law may be listed in multiple categories (e.g., if a law restricted carriage or firing…

Jan 2024

How Did A Rogue 2011 IRS Instruction Produce A Nonsensical and Punitive AMT Investment Interest Expense Deduction Computational Formula and Nobody Knows It?

Jay Katz

Associate Professor of Instruction, University of South Florida

The Essay is organized as follows: Part I reveals the lack of any explanatory guidance or commentator attention to the 2011 IRS instruction apparent radical change to the AMT Computational Formula that is hiding in plain sight. Next, Part II examines the AMT Computational Formula prior to the TAMRA Amendment. Also included is a discussion…

Dec 2023

The War on Terror & Vigilante Federalism

Maryam Jamshidi

Associate Professor of Law at the University of Colorado Law School.

In their article, Vigilante Federalism, Jon Michaels and David Noll sound the alarm about the rising trend of “vigilante federalism” across various states. As Michaels and Noll describe this phenomenon, Republican-led jurisdictions have been passing private enforcement laws empowering private actors to bring civil suits targeting certain activities and communities, including abortion, LGBTQI persons, and…

Oct 2023

Substance and Form in Vigilante Federalism

Zachary D. Clopton

Professor of Law, Northwestern Pritzker School of Law.

Procedure is power, to be sure, but we should not let a lawyerly interest in procedural design distract from substantive justice. Vigilante Federalism makes an invaluable contribution by showing how a particular procedural form has been used to undermine substantive justice.  The authors deserve enormous credit for documenting, publicizing, and criticizing what they call “private…

Oct 2023

Judicial Process and Vigilante Federalism

Charles W. “Rocky” Rhodes & Howard M. Wasserman

Professor of Law and Charles Weigel II Research Professor of State and Federal Constitutional Law, South Texas College of Law Houston & Professor of Law, FIU College of Law.

Jon Michaels’ and David Noll’s Vigilante Federalism decries the explosion of a specific class of state law—prohibiting locally unpopular, although perhaps constitutionally protected, conduct using private civil litigation as the exclusive or primary enforcement mechanism.  The trend begins with the Texas Heartbeat Act in 2021 (commonly referred to as “S.B. 8”), which prohibited abortions (prior…

Oct 2023

Truth, Reason, Justice, and Evidence Law

Talia Fisher

Anny and Paul Yanowicz Professor of Human Rights, Tel Aviv University Faculty of Law and visiting fellow at Harvard Law School’s  Program on Behavioral Economics and Public Policy (2023).

This Essay addresses the most fundamental jurisprudential question underlying the institution of evidence law: it explores the justifications for subjecting legal fact‑finding to the regulation of evidence rules.  This issue has been at the center of evidence law scholarship since the days of Bentham’s Rationale of Judicial Evidence, which advocated a naturalistic approach to legal…

Oct 2023

Incentive-Compatible Inflation Policy

Brian Galle

Professor of Law, Georgetown University Law Center

Imagine that we had to fight and adapt to the COVID-19 epidemic using only vintage 1970s technology. No mRNA vaccines; no designer anti-viral drugs. Want to work from home? Try that on a dial-up modem that transmits about 800 bits of information per second (today’s high-speed internet is literally one hundred million times faster). Nevertheless,…

Jul 2023


Property in Wolves

Jack H.L. Whiteley
Teaching Fellow & Supervisory Attorney, Georgetown University Law Center; Associate Professor of Law Designate, University of Minnesota Law School.

From colonial times until the mid-twentieth century, governments paid bounties to extirpate wolves, mountain lions, and other ecologically important wild animals. Clearing the wild was a sustained legislative project. I argue that these bounty statutes have implications for the history and theory of property. The statutes, in their intent and effect, selected among land uses….

Jun 2023

The Leadership Limitation on Persecutors and Terrorist Organizations

Josh A. Roth
J.D. Candidate, Cornell Law School, 2024.

The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or…

May 2023