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What is a Constitutional Right? by Professor Robert Leider

The word “right” may describe different kinds of legal relationships.  Nowhere has the nature of rights become more confused than in the debate over the Second Amendment’s scope. On Friday, November 2, the First Circuit released its opinion in Gould v O’Leary, No. 17-2202, which upheld Boston and Brookline’s denial of licenses to carry firearms… Continue reading What is a Constitutional Right? by Professor Robert Leider

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Waiving Administrative Deference, by Jamie Durling & E. Garrett West

Litigants in our adversarial system must raise their best arguments or the court will find that the argument has been “waived” (or more precisely, “forfeited”). But what should courts do if an agency or a private party fails to raise Chevron deference during litigation about the lawfulness of agency action? In a forthcoming essay in… Continue reading Waiving Administrative Deference, by Jamie Durling & E. Garrett West

Podcast

Briefly 2.2 – The Opioid Crisis – Part I

https://soundcloud.com/uchilrev/the-opioid-crisis-part-i This week on Briefly we discuss the ways the law can and does address the Opioid Crisis. The Crisis has claimed myriad lives and devastated communities and families across America. This show will be part of a two-part episode. In Part I we discuss local government responses to the crisis and focus on drug… Continue reading Briefly 2.2 – The Opioid Crisis – Part I

Podcast

Briefly 2.1 – Amazon and Antitrust

https://soundcloud.com/uchilrev/21-amazon-and-antitrust Welcome to a new season of Briefly! On today's show, we discuss Amazon's rapid rise and the pressure the internet retailer is putting on traditional antitrust law. Our guests include Geoffrey Manne of the International Center for Law and Economics and Lina Khan of the Open Market Institute. This episode was produced by Yosef… Continue reading Briefly 2.1 – Amazon and Antitrust

Podcast

Briefly 1.11 – Epistemic Injustice

https://soundcloud.com/uchilrev/111-epistemic-injustice Today, we’re discussing epistemic injustice and the law. Epistemic injustice occurs when an individual is wrongfully undermined in his or her role as a knower. One aspect of epistemic injustice involves the ways in which biased assessments of a speaker’s credibility can undermine that person’s ability to relay his or her experiences. This is… Continue reading Briefly 1.11 – Epistemic Injustice

Podcast

Briefly 1.10 – Creating a Market for Corporate Disclosures

https://soundcloud.com/uchilrev/110-creating-a-market-for-corporate-disclosures Today, we’ll discuss the corporate disclosures required by the SEC and an alternative method for handing these disclosures—the creation of a market to buy and sell corporate data. This episode features M. Todd Henderson, the Michael J. Marcus professor of law at the University of Chicago Law School and Donald Langevoort, the Thomas Aquinas… Continue reading Briefly 1.10 – Creating a Market for Corporate Disclosures

Podcast

Briefly 1.9 – Originalism and the Second Amendment in District of Columbia v Heller

https://soundcloud.com/uchilrev/19-originalism-and-the-second-amendment-in-district-of-columbia-v-heller Today, Briefly dives into the late Justice Scalia's majority opinion in District of Columbia v Heller, a case in which the Supreme Court held that the Second Amendment protected the right to keep and bear firearms unrelated to military service. The case has attracted attention from scholars and lawyers for the method of originalism… Continue reading Briefly 1.9 – Originalism and the Second Amendment in District of Columbia v Heller