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David Franklin

About David Franklin

Professor Franklin teaches Constitutional Law, Administrative Law and Conflict of Laws at the DePaul Law School. He graduated summa cum laude from Yale University and received his JD from the University of Chicago. Professor Franklin was a law clerk for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit and Justice Ruth Bader Ginsburg of the Supreme Court of the United States. He was a litigation associate at Covington & Burling in New York. His writing has appeared in, among others, the Yale Law Journal, Iowa Law Review, Chicago-Kent Law Review, Cardozo Law Review, The New Republic, Slate, Green Bag, Chicago Tribune and Washington Post.
25 Feb, 2011

The Chamber of Commerce: A Friend of the Court (and vice versa)

2019-03-18T18:48:05+00:00February 25th, 2011|Tags: , , , , , |

On Tuesday, the Supreme Court ruled that people who are injured or killed by the side effects of vaccines cannot sue vaccine manufacturers for alleged design defects.  Another day, another victory in the Supreme Court for a business defendant—and another victory for preemption, the legal doctrine under which state law can be [...]

15 Dec, 2010

Health insurance mandates and facial challenges

2019-03-18T18:48:10+00:00December 15th, 2010|Tags: , , |

Judge Henry Hudson’s recent decision striking down the central provision of the health insurance reform statute has gotten (pardon the pun) nearly universal coverage in the legal blogosphere. But I was struck by a section of the opinion that has received little notice: the passage early in his opinion in which Judge [...]

7 Oct, 2010

Professor Kagan, Justice Kagan, and Snyder v. Phelps

2019-03-18T18:48:12+00:00October 7th, 2010|Tags: , , , |

Yesterday’s argument in Snyder v. Phelps produced more than its share of intriguing story lines: two first-time Supreme Court oral advocates (including one representing her father), a spirited debate inside the courtroom, and an even more spirited demonstration outside. And, of course, there are the you-can’t-be-serious facts of the case: protesters holding [...]