Category: Uncategorized

Chilling Rights, by Toni Massaro

A persistent trope in free speech doctrine is that overbroad laws chill protected expression and compromise the breathing room needed for a vibrant marketplace of ideas. The conventional restrictions on facial challenges of measures that sweep beyond legitimate regulatory zones…

Beyond Willful Ignorance, by Alexander Sarch

This Article investigates the limits of the willful ignorance doctrine as employed in federal criminal law. This foundational rule allows willfully ignorant defendants to be treated as knowing wrongdoers. The willful ignorance doctrine is of increasing importance at the moment…

The President’s Faithful Execution Duty, by Harold H. Bruff

Soon after our Constitution took effect, James Madison called the President’s duty to faithfully execute the laws the “essence” of the office. A century later, even the rather undistinguished President Benjamin Harrison could see that it was the “central idea” of the office. But…