Prof. Emeritus Robert Reinstein’s work was published by Legal Theory Blog. Read the Full Piece
Professor Robert Reinstein was quoted in this article from the Philadelphia Inquirer. Read the Full Article
Professor Robert Reinstein was quoted in this article from WHYY News. Read the Full Article
Professor Bob Reinstein talked with CBS Philly about new Supreme Court nominee Merrick Garland and a history of late nominations that goes back to the Founding Fathers. Read the Full Story
Professor Robert Reinstein is quoted in this article by US News on corruption charges against New Jersey Senator Robert Menendez. U.S. District Judge William Walls recently found that the Constitution does not shield the Senator from trial from alleged corruption. His decision was anticipated by legal scholars. Read the full story.
The scope of Congress’s authority under the Necessary and Proper Clause is being challenged by a theory that is gaining acceptance in the courts and in legal scholarship. The “great powers” theory posits that some implied powers, even if necessary to effectuate an enumerated power, are not “proper” because of the degree of their importance. According to its advocates, powers that are great, important and substantive cannot derived from implication. This theory is said to enforce the principle that implied powers are necessarily inferior to express powers and to explain why some seemingly incidental powers, but not others, are listed as enumerated powers in Article I, Section 8. This theory is gaining traction. It has recently been adopted by three Supreme Court Justices (including by the Chief Justice in the first Health Care Case) and defended in important scholarly works. Critics have challenged this theory as being too indeterminate to apply and contradicted by the conventional reading of McCulloch. The criticisms in this article are more fundamental — the great powers theory is unsound historically, …
Professor Robert Reinstein is quoted in this piece by the Philadelphia Inquirer on U.S. Supreme Court decision on The Affordable Care Act. Read the full story.
Professor Bob Reinstein was referenced in an article by the Minneapolis Star Tribune on the recent Supreme Court decision in Zivotofsky v. Kerry. Reinstein’s scholarship was also cited multiple times in the decision. Read the full story.