The Clear and Present Dangers of the Clear and Present Danger Test: Schenck and Abrams Revisited

By Ronald J. Krotoszynski, Jr. Abstract Justice Oliver Wendell Holmes pioneered the clear and present danger test as the constitutional yardstick for determining when the government could punish speech that might cause social harms. The Supreme Court’s decision...

The Separation of Higher Powers

By Richard Albert Abstract The very first words of the very first amendment to the United States Constitution continue to frustrate the quest for constitutional clarity. The Bill of Rights’ Establishment Clause commands in plain terms that “Congress shall...

The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night

By Thomas L. Hafemeister and Joshua Hinckley Porter Abstract Currently, there are a series of legal challenges to the Patient Protection and Affordable Care Act (PPACA) winding their way through the courts, driven primarily by elected Republican officials from various...