On the Colloquy: Gun-Control, Antitrust and the Media, Constitutional Torts, and Professional Values
McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun-Control Laws? is a debate between Professors Lawrence Rosenthal and Joyce Lee Malcolm on the standard of scrutiny that will (and should) be applied to gun control regulations in the wake of the recent SCOTUS decision, McDonald v. City of Chicago. This is an engaging and enlightening discussion on what we might expect in future Second Amendment jurisprudence.
In Why More Antitrust Immunity for the Media Is a Bad Idea, Maurice E. Stucke and Allen P. Grunes—both formerly with the U.S. Department of Justice, Antitrust Division—explore the ways in which the FTC has created antitrust immunity for the newspaper industry. They conclude that further antitrust immunity is not only unnecessary, but counter-productive to a competitive marketplace of ideas.
Professor Nancy Leong discusses the various contexts where constitutional lawmaking occurs in a challenge to John Jeffries’ desire for clarification of constitutional law no matter the setting in Rethinking the Order of Battle in Constitutional Torts: A Reply to John Jeffries. Leong puts forward the idea that the characteristics of various contexts (qualified immunity proceedings, suppression hearings) will inevitably influence the resulting constitutional law.
Finally, in A Personal Constitution, Professor Michael Serota argues that law schools’ failure to address professional values is a problem worthy of remedy, and proposes a solution.