After much delay, the third and final issue of the Journal's fifth volume is on its way from the printers.
The issue features a paper prepared by Randy E. Barnett for the Journal's sixth annual Friedrich A. von Hayek Lecture, Commandeering the People: Why the Individual Health Insurance Mandate Is Unconstitutional. Prof. Barnett has been a passionate advocate that the "individual responsibility requirement" of the Patient Protection and Affordable Care Act is unconstitutional, citing existing Supreme Court doctrine construing the Commerce and Necessary and Proper Clauses and the tax power.
We also are publishing articles by Amy Peikoff and the trio of David Kopel, Paul Gallant, and Joanne Eisen.
Peikoff's article, Pragmatism and Privacy, examines where we are today in terms of legal protections for privacy, particularly "how 'society' acquired the power to decide whether an individual's expectation of privacy is 'reasonable' and therefore worthy of legal protection." The piece emphasizes how the courts have emphasized the theory of legal pragmatism in their thinking.
Meanwhile, Kopel, Gallant, and Eisen critique the data behind the Arms Trade Treaty being drafted by the United Nations. In How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid Being Used to Promote the Arms Trade Treaty, the trio examines the suggestion that armed violence produces 740,000 fatalities annually and concludes "that the claim is based on dubious assumptions, cherry-picked data, and mathematical legerdemain..." The article further demonstrates how an emphasis on restricting firearm ownership distracts our attention from other life-saving, viable solutions.
We are also running a transcript of a discussion on Constitutional Interpretation and the Bill of Rights between NYU's own Burt Neuborne and once again, Randy Barnett at a recent convention of the Federalist Society.
Finally, a note by the Journal's Samuel Raymond examines judicial preemption after Riegel v. Medtronic in the case of medical devices.
While paper copies are available, we've uploaded PDFs for your online reading pleasure.