The Federal Reserve and the Constitution

Vol. 97, No. 1

The Federal Reserve and the Constitution

By Daniel K. Tarullo*

In a number of important cases restricting the authority and independence of federal agencies, the Supreme Court’s conservative majority has adopted reasoning that, if applied consistently, could have more far-reaching consequences for the administrative state. To explore the limits of the Court’s evolving doctrines, this Article shows how their application might lead to a conclusion that the structure or mandate of the Federal Reserve, as created by Congress, is unconstitutional. On the assumption . . .

Judging Firearms Evidence

Vol. 97, No. 1

Judging Firearms Evidence

By Brandon L. Garrett,* Eric Tucker† & Nicholas Scurich‡

Firearms violence results in hundreds of thousands of criminal investigations each year. To try to identify a culprit, firearms examiners seek to link fired shell casings or bullets from crime scene evidence to a particular firearm. The underlying assumption is that firearms impart unique marks on bullets and cartridge cases, and that trained examiners can identify these marks to determine which were fired by the same gun. For over a hundred years, firearms examiners have testified that they can . . .

Shelby County to Clean Air Act: Evaluating the Constitutionality of California’s Clean Air Act Waiver Under the Equal Sovereignty Principle

Vol. 97, No. 1

Shelby County to Clean Air Act: Evaluating the Constitutionality of California’s Clean Air Act Waiver Under the Equal Sovereignty Principle

By Justine Huang*

In August 2022, California promulgated the Advanced Clean Cars II regulation, banning all sales of new gasoline-powered cars in the state by 2035. Transportation is the largest source of air pollution in California, responsible for nearly 40% of greenhouse gas (“GHG”) emissions; thus, the regulation is a crucial step towards meeting the state’s carbon neutrality and climate goals. California has the unique authority to regulate motor vehicle emissions due to a waiver exemption in the Clean Air Act. . . .

Restraining the Second Amendment in the Era of the Individual Right: Adopting a Modified South African Gun Control Model

Vol. 97, No. 1

Restraining the Second Amendment in the Era of the Individual Right: Adopting a Modified South African Gun Control Model

By Lukas T. Huldi*

In New York State Rifle & Pistol Association v. Bruen, the Supreme Court announced a novel historical test for judging the constitutionality of firearm laws. In combination with its earlier decisions in District of Columbia v. Heller and McDonald v. City of Chicago, the Court has created an onerous burden on federal and state legislatures attempting to regulate civilian firearm ownership. Given Heller’s individual right ruling, McDonald’s incorporation, and Bruen’s historical precedent requirement, . . .

Perfecting the Judicial Peremptory Challenge: A New Approach Using Preliminary Data on California Judges in 2021

Vol. 97, No. 1

Perfecting the Judicial Peremptory Challenge: A New Approach Using Preliminary Data on California Judges in 2021

By Sarah Park*

Even the most carefully planned and genius strategies are pointless without an assumption of fairness: chess depends on a fair arbiter, soccer depends on a fair referee, and litigation depends on a fair judge. Just as arbiters and referees are frequently criticized for questionable decisions, judges also deal with accusations that bias has impermissibly clouded their judgment. To protect litigants, the California Legislature presented a solution—the California Code of Civil Procedure section 170.6, . . .

Print Articles

Perfecting the Judicial Peremptory Challenge: A New Approach Using Preliminary Data on California Judges in 2021

Sarah Park*

Restraining the Second Amendment in the Era of the Individual Right: Adopting a Modified South African Gun Control Model

Lukas T. Huldi*

Shelby County to Clean Air Act: Evaluating the Constitutionality of California’s Clean Air Act Waiver Under the Equal Sovereignty Principle

Justine Huang*

Judging Firearms Evidence

Brandon L. Garrett,* Eric Tucker† & Nicholas Scurich‡

The Federal Reserve and the Constitution

Daniel K. Tarullo*

Social Media Censorship: Is It Protected by the First Amendment?

Daniella Moretti

The Internet has become an indispensable tool that many rely on for information, marketing, commerce, and connections. The wide-reaching data accessible by a quick Google search retrieves information that would otherwise take days to find in a library. Society has

Justices on Yachts: A Value-Over-Replacement Theory

Peter Salib & Guha Krishnamurthi

The Justices have it made. On top of their government salaries, guaranteed until retirement or death, they are pampered with luxuries supplied by various wealthy benefactors—billionaire friends, big publishing houses, and well-funded nonprofits. These benefactors make (and forgive) large loans,

The Societal Interest Theory—Preserving the Marketplace of Ideas in the Twenty-First Century

Michelle Kim

With respect to free speech, the good is prior to the right: the goods achievable by the practice of free speech are the reason for protecting speech, and the protection should be shaped with those goods in mind. On January

Squeezed: the Narrow Bank, the Federal Reserve, and the Future of Full-Reserve Banking

Jack Frisbie

To say the U.S. Federal Reserve System (“Fed”) is the most important financial institution in the world is not so much a bold claim as a banal statement of fact. Since the Fed’s initial charter in 1913, the U.S. economy

Print Articles

Postscript