Michael W. McConnell
Essay
Reconsidering Citizens United as a Press Clause Case
The central flaw in the analysis of Citizens United by both the majority and the dissent was to treat it as a free speech case rather than a free press case. The right of a group to write and disseminate a documentary film criticizing a candidate for public office falls within the core…
Review
Why Protect Religious Freedom?
Why Tolerate Religion? BY BRIAN LEITER PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2012, PP. 208. $24.95. author. Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution. The auth…
Essay
Due Process as Separation of Powers
121 Yale L.J. 1672 (2012).
From its conceptual origin in Magna Charta, due process of law has required that
government can deprive persons of rights only pursuant to a coordinated effort of separate
institutions that make, execute, and adjudicate claims under the law. Originalist debates about
whether t…