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The Derivative Nature of Corporate Constitutional Rights
(William & Mary Law Review, 2015)
This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
Property is the New Privacy
(Harvard law Review, 2015)
Richard Epstein’s new book, The Classical Liberal Constitution, is the latest entry in what might be called conservative foundationalist constitutional theory. The movement’s primary goal is to elevate judicial protection ...