Advanced search    

Search: authors:"Joseph Blocher"

17 papers found.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller

DUKE LAW JOURNAL FROM THEORY TO DOCTRINE: AN EMPIRICAL ANALYSIS OF THE RIGHT TO KEEP AND BEAR ARMS AFTER HELLER ERIC RUBEN 1 JOSEPH BLOCHER 0 1 0 Adjunct Professor of Law, New York University School ... remaining errors are our own , USA 1 Copyright © 2018 Eric Ruben & Joseph Blocher As a matter of constitutional doctrine, the right to keep and bear arms is coming of age. But although the doctrine has begun

Markets and Sovereignty

) (criticizing the use of market conceptions to understand areas traditionally immune from such thinking). 6. See Part I , below. See also Joseph Blocher & Mitu Gulati, “A Market for Sovereign Control” ( 2017 ) 66

Forced Secessions

the rules governing their boundaries must account for their contraction. 8. See Joseph Blocher, Mitu Gulati & Laurence A. Helfer, Can Greece be Expelled from the Eurozone? Toward a Default Rule on ... ; inalienable rights typically do not. See generally Joseph Blocher, Rights To and Not To, 100 CAL. L. REV. 761 (2012). 226 The point here is emphatically not to suggest that former colonies should be happy with

A Market for Sovereign Control

DUKE LAW JOURNAL Duke Law Journal JOSEPH BLOCHER 1 MITU GULATI 0 1 0 Professors of Law, Duke University School of Law. Thanks to Anita Anand , Steve Bainbridge, Jamie Boyle, Rachel Brewster, Al ... . Mark C. Weidemaier, A (Very Thin) Market for Sovereign Control 1 Copyright © 2017 Joseph Blocher & Mitu Gulati Can popular sovereignty and sovereign territory coexist? Can countries exchange sovereign

Foreword: How to Think About Law and Markets

role of markets as engines for development in Amartya Sen's Copyright © 2017 by Joseph Blocher and Kimberly D. Krawiec. This article is also available online at http://lcp.law.duke.edu/. * Duke Law ... ) and new incentives (such as developments in the American corporate bar). Joseph Blocher and Mitu Gulati make the state itself the subject of analysis.42 Many of the central challenges in international

Hunting and the Second Amendment

; //scholarship; law; nd; edu/ndlr Joseph Blocher* Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense ... difficulties in Sec© 2014 Joseph Blocher. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy

New Problems for Subsidized Speech

/iss4/3 - Article 3 JOSEPH BLOCHER* The constitutionality of conditional offers from the government is a transsubstantive issue with broad and growing practical implications, but it has always been a ... provides that “[n]one of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning”) (alteration in original). 34. See Joseph Blocher, Rights To and

New Approaches to Old Questions in Gun Scholarship

(2015) Joseph Blocher* PHILIP J. COOK & KRISTIN A. GOSS, THE GUN DEBATE: WHAT EVERYONE NEEDS TO KNOW (2014). Pp. 296. Hardcover $ 74.00. THE SECOND AMENDMENT ON TRIAL: CRITICAL ESSAYS ON DISTRICT OF ... , 706-07 (2012) (explaining that “lower courts’ decisions strongly reflect the pragmatic spirit” of Justice Breyer’s dissenting opinion in Heller); see also Joseph Blocher, Categoricalism and Balancing in

Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment

insightful comments; to participants in the Free Expression Scholars Conference held at Yale Law School in 1 Copyright © 2014 Joseph Blocher A surprising amount of everyday expression is, strictly speaking ... ”); see also Joseph Blocher, Institutions in the Marketplace of Ideas, 57 DUKE L.J. 821, 823–25 (2008) (“This [marketplace of ideas] theory provided the first justification for a broad freedom of expression

Rights To and Not To

various rights. Elsewhere, I explore in more depth the regulation of one specific right to and not to. See Joseph Blocher, The Right Not to Keep or Bear Arms, 64 STAN. L. REV. 1 (2012). conduct or processes

Order Without Judges: Customary Adjudication

ORDER WITHOUT JUDGES: CUSTOMARY ADJUDICATION JOSEPH BLOCHER 0 1 0 Associate Professor, Duke Law School. Many thanks to Curt Bradley and Mitu Gulati for convening and guiding the Duke Project on ... Jordan Fly for truly extraordinary research assistance 1 Copyright © 2012 by Joseph Blocher Scholarship on custom and law has largely focused on the creation and enforcement of informal rules

What We Fret About When We Fret About Bootstrapping

Virginia lacks Article III standing to challenge the ACA); Kevin Walsh, The Ghost that Slayed the Mandate WHAT WE FRET ABOUT WHEN WE FRET ABOUT BOOTSTRAPPING JOSEPH BLOCHER In his contribution to ... relating to aggrandizement, formalism, institutionalism, and transparency), and the relevance of the bootstrapper's purpose.5 - Copyright © 2012 by Joseph Blocher. This article is also available at http

Roberts

Roberts' Rules: The A ssertiveness of Rules-Based Jurisprudence Joseph Blocher Follow this and additional works at: http://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended ... Citation Joseph Blocher, Roberts' Rules: Th e Assertiveness of Rules-Based Jurisprudence, 46 Tulsa L. Rev. 431 (2013). - Article 5 Joseph Blocher* INTRODUCTION When he was an attorney in private

Government Property and Government Speech

://scholarship.law.wm.edu/wmlr/vol52/iss5/2 - Article 2 William and Mary Law Review VOLUME 52 NO. 5, 2011 JOSEPH BLOCHER* The relationship between property and speech is close, but complicated. Speakers use places and ... . 1313 (2009)). 6. For a more complete discussion of the role of property in Summum and Buono, see Joseph Blocher, Property and Speech in Summum, 104 NW. U. L. REV. COLLOQUY 83, 94 (2009), http

Institutions in the Marketplace of Ideas

assistance 1 Copyright © 2008 by Joseph Blocher If any area of constitutional law has been defined by a metaphor, the First Amendment is the area, and the “marketplace of ideas” is the metaphor. Ever since

Building on Custom: Land Tenure Policy and Economic Development in Ghana

This Note addresses the intersection of customary and statutory land law in the land tenure policy of Ghana. It argues that improving the current land tenure policy demands integration of customary land law and customary authorities into the statutory system. After describing why and how customary property practices are central to the economic viability of any property system...

Private Business as Public Good: Hotel Development and Kelo

. 2, p. 13 ); see also Joseph Blocher, Public Houses, Public Goods, and Public Works: Hotel Development in New Haven 20-27 ( 2004 ) (unpublished manuscript, on file with the New Haven Colony Historical