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National Bank Preemption After \u3ci\u3eCantero v. Bank of America\u3c/i\u3e: Are State Fair Access Laws Preempted?
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Administrative Law Judges and Removal Protections: An Article II Battle Not Resolved by \u3ci\u3eJarkesy\u3c/i\u3e
Full text linkRelevant Evidence Made Irrelevant: \u3ci\u3eState v. Abbit\u3c/i\u3e and North Carolina’s Unconstitutional Test for Admissibility of Third-Party Culpability Evidence
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Old Gills Breathe New Life: A Recent Fish Protection Case Constitutionalized North Carolina Citizens’ Environmental Rights
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Flooding the Zone: The State of Federal Flood Insurance at the Beginning of Trump 2.0
No full textThe risks of flooding in the United States have never been more apparent, making all the more significant the state of flood insurance and the legal and political volatility of the National Flood Insurance Program. In this Article we discuss the details of “Risk Rating 2.0,” the most significant change to federal flood insurance in half a century, and its legal and political future in the new world of Trump 2.0. And, in addition to describing the details of this new change to federal flood insurance, we describe its advantages and disadvantages in both the newfound political environment in which it operates and its likelihood of continuing to survive its most significant legal challenge in federal court, in State of Louisiana v. Department of Homeland Security
Civil Duties and Cultural Change
No full textWhat duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America’s constitutional tradition. From shoveling snow to repairing roads to fighting overseas, private individuals have long been forced to serve the public in ways menial and profound. Strangely, the discourse of obligation that legitimated numerous compulsions has faded from professional view. Judges’ mawkish tributes to liberty pay no heed to the magnitude of state-ordered servitude.
This collective forgetting has not eliminated the need to reason about civic duties, however. Courts continue to review compulsions grounded in contested visions of social obligation. In ruling on the Affordable Care Act’s individual mandate, for example, the Supreme Court seriously impeded Congress from implementing novel conceptions of civic duty. This hostility closely tracks a leading scholarly account of civic duties as fixed by historical tradition. According to this narrative, living Americans are powerless to alter the basic obligations of citizenship.
This Article corrects the historical record by documenting how civic duties have developed over time. The evidence reveals that these obligations are constantly in motion; society has constructed, reshaped, and discarded them in decades-long struggles over the meaning of freedom. Put simply, the duties of citizenship are not fixed features of our constitutional order. They are inevitably responsive to moral and cultural change. These findings undercut the Court’s use of rigid historical methodologies for reviewing laws—like abortion restrictions—that tacitly presume the existence of duties owed to the public. And a panoramic view of civic duties casts new light on congressional efforts to preserve Indian tribes as flourishing governments. The federal Indian Child Welfare Act draws conceptual support from compulsory education and military conscription, both of which have long prioritized communal survival over individual choice