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Wednesday, April 24, 2019

Debating the Meaning of Privileges or Immunities

I wanted to flag an important scholarly debate that is underway about the meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. On one side are Randy Barnett and Evan Bernick, with a paper on The Privileges or Immunities Clause Abridged: A Critique of Kurt Lash on the Fourteenth Amendment. Professor Lash responded with paper entitled The Enumerated Rights Reading of the Privileges or Immunities Clause: A Response to Randy E. Barnett and Evan D. Bernick's 'The Privileges or Immunities Clause Abridged: A Critique of Kurt Lash on the Fourteenth Amendment.' Both papers will appear in Notre Dame Law Review this Fall. (I have a shorter paper that will appear in the same law review issue on Corfield v. Coryell, though my paper will not address the other two.)

I highly recommend reading both papers to see how first-rate constitutional work is done.

Posted by Gerard Magliocca on April 24, 2019 at 10:03 PM | Permalink

Comments

We have also been having a fairly long running debate over at the Law and Liberty blog: https://www.lawliberty.org/category/blog/

Posted by: Devin Watkins | Apr 26, 2019 2:42:42 PM

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