Recent Publications in Constitutional Law

Richard L. Aynes

McDonald v. Chicago, Self-Defense, the Right to Bear Arms, and the Future, Akron Journal of Constitutional Law and Policy (2011)

Kate Chase, the "Sphere of Women's Work," and Her Influence Upon Her Father's Dissent in Bradwell v. Illinois, Ohio History (2010)

Enforcing the Bill of Rights Against the States: The History and the Future, Journal of Contemporary Legal Issues (2010)

McDonald v. Chicago, the Fourteenth Amendment, the Right to Bear Arms and the Right of Self-Defense, Cardozo Law Review, de●novo (2010)

Ink Blot or Not: the Meaning of Privileges And/Or Immunities, University of Pennsylvania Journal of Constitutional Law (2009)

39th Congress (1865-1867) and the 14th Amendment: Some Preliminary Perspectives, Akron Law Review (2009)

Unintended Consequences of the Fourteenth Amendment and What They Tell us About its Interpretation, Akron Law Review (2006)

The Continuing Importance of Congressman John A. Bingham and the Fourteenth Amendment, Akron Law Review (2003)

Bradwell v. Illinois: Chief Justice Chase’s Dissent and the “Sphere of Women’s Work”, Louisiana Law Review (1999) 

Refined Incorporation and the Bill of Rights, University of Richmond Law Review (1999)

Wilson R. Huhn

Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts’ Opinion Upholding the Individual Mandate, University of Akron Journal of Constitutional Law and Policy (2012)

ObamaCare: Is It Necessary, What Will It Accomplish, Is It Constitutional, Carolina Academic Press (2012)

The Five Types of Legal Argument, Carolina Academic Press (2002, 2008)

A Higher Law: Abraham Lincoln’s Use of Religious Imagery, Rutgers Journal of Law and Religion, forthcoming (2011)

Abraham Lincoln’s Influence on the Modern Supreme Court, Oklahoma City University Law Review, forthcoming (2011)

The Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, 32 Journal of Legal Medicine 139-165 (2011)

The Constitutionality of “Socialized Medicine,” 15 Michigan State University Journal of Medicine and Law 299-336 (2011)

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 William and Mary Bill of Rights Journal 291 (2010)

The Legacy of Slaughterhouse, Bradwell, and Cruikshank in Constitutional Interpretation, 42 Akron Law Review 1051 (2009)

Cross Burning as Hate Speech Under the First Amendment to the United States Constitution, 2 Amsterdam Law Forum vol. 1 19 (2009) (online journal)

Ten Questions on Gay Rights and Freedom of Religion, Akron Journal of Constitutional Law and Policy (online journal) (July 31, 2009)

Abraham Lincoln Was a Framer of the Constitution, 86:3 Washington University Law Review (Slip Opinions, online journal) (March 12, 2009)

Waterboarding Is Illegal, Washington University Law Review (Slip Opinions, online journal) (May 10, 2008)

Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program Is Illegal, 16 William & Mary Bill of Rights Journal 537 (2007)

In Defense of the Roosevelt Court, 2 Florida A & M University Law Review 1 (2007)

The State Action Doctrine and the Principle of Democratic Choice, 34 Hofstra Law Review (2006)

The Constitutional Jurisprudence of Sandra Day O'Connor: A Refusal to "Foreclose the Unanticipated", 39 Akron Law Review 373-415 (2006)