Current Volume

The Journal is currently publishing Volume 23. Check in periodically for updates on the latest issue. Previous volumes are available through Lexis, Westlaw, and Heinonline.

VOLUME 23, ISSUE 2 – December 2014

SYMPOSIUM: ATKINS v. VIRGINIA: A DOZEN YEARS LATER–A REPORT CARD

  • Mark E. Olive, The Daryl Atkins Story
  • James W. Ellis, Hall v. Florida: The Supreme Court’s Guidance in Implementing Atkins
  • John H. Blume, Sheri Lynn Johnson, Paul Marcus & Emily Paavola; A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelves Years After the Supreme Court’s Creation of a Categorical Bar
  • Christopher Slobogin, Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a “Scientific Stare Decisis”
  • Paul Marcus, Does Atkins Make a Difference in Non-Capital Cases? Should it?
  • Caroline Everington, Challenges of Convey Intellectual Disabilities to Judge and Jury
  • Scott E. Sundby, The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty’s Unraveling

NOTES

  • Samantha A. Lovin, Everyone Forgets About the Third Amendment: Exploring the Implications on Third Amendment Case Law of Extending its Prohibitions to Include Actions by State Police Officers
  • Caleb R. Stone, Sentencing Roulette: How Virginia’s Criminal Sentencing System is Imposing an Unconstitutional Trial Penalty That Surpresses the Rights of Criminal Defendants to a Jury Trial

VOLUME 23, ISSUE 1 – October 2014

SYMPOSIUM: RETHINKING DC REPRESENTATION IN CONGRESS

  • Larry Mirel & Joe Sternlieb, “Chosen by the People of the Several States…”: Statehood for the District of Columbia.
  • Heather K. Gerkin, The Right to Vote: Is the Amendment Game Worth the Candle
  • Richard Briffault, Three Questions for ‘The Right to Vote” Amendment
  • James Raskin, Democratic Capital: A Voting Rights Surge in Washington Could Strengthen the Constitution for Everyone
  • Mary M. Cleh, Theories of Representation: For the District of Columbia, Only Statehood Will Do.
  • David Schleicher, Welcome to New Columbia: The Fiscal, Economic and Political Consequences of of Statehood for D.C.

SYMPOSIUM: STANDING IN THE ROBERTS COURT

  • Richard H. Fallon, Jr., How to Make Sense of Supreme Court Standing Cases–A Plea for the Right Kind of Realism
  • Vicki C. Jackson, Standing and the Role of the Federal Courts: Triple Error Decisions in Clapper v. Amnesty International USA and City of Los Angeles v. Lyons.
  • Heather Elliot, Does the Supreme Court Ignore Standing Problems to Reach the Merits? Evidence (or Lack Thereof) from the Roberts Court
  • Ann Woolhandler, Governmental Sovereignty Actions

ARTICLES

  • Robert Luther III, The Quiet Army: Felon Firearm Rights Restoration in the Fourth Circuit
  • Stephanie Hall Barclay, Retained by the People: Federalism, the Ultimate Sovereign and Natural Limits on Government Power

NOTES

  • Austin Graham, Unstable Footing: Shelby County’s Misapplication of the Equal Footing Doctrine
  • Katherine J. Westfall, Voided Vows: Annulment as the Full-Faith and Credit Solution to the Same-Sex Divorce Conundrum