Student Notes

Congratulations to our Student Note authors! The Notes listed under Volume 32 appear in Issues 2 and 3. The Journal is currently working on Volume 32, Issue 4, and will update the list of Student Notes upon publication.

Volume 32

Historians Wear Robes Now? Applying the History and Tradition Standard: A Practical Guide for Lower Courts
Alexandra Michalak

Remedying the Insular Cases: Providing Tribal Sovereignty to Unincorporated Territories to Ensure Constitutional Rights to All U.S. Nationals and Citizens
Allison Ripple

“There’s a New Sheriff in Town”: Why Granting Qualified Immunity to Local Officials Acting Outside Their Authority Erodes Constitutional Rights and Further Deteriorates the Doctrine
Josephine McGuire

On Inmates and Friendship
Jared Deeds

Fourteen Going on Forty: Challenging Sex Offender Registration for Juveniles Under the Fourteenth Amendment Equal Protection Clause
Emily Baker

Originalism v. Originalism: How James Madison’s Understanding of the Establishment Clause Can Help Combat Christian Nationalism
Patrick Sawyer

Volume 31

Making Hazelwood Age-Appropriate: How Viewpoint Neutrality and Recontextualizing the Age-Appropriate Standard Might Save School-Sponsored LGBT Speech
Rebecca Giardin

Balancing Liberty and Security: A Proposal for Amplified Procedural Due Process Protections in the U.S. Sanctions Regime
Allison Lofgren

Ducking the System: Examining the Efficacy of Bounty Hunting Statutes that Stifle the Free Exercise of Constitutional Rights
Allie Zunski

A New Takings Clause? The Implications of Cedar Point Nursery v. Hassid for Property Rights and Moratoria
Benjamin Alexander Mogren

Indoctrination by Elimination: Why Banning Critical Race Theory in Public Schools is Unconstitutional
Emma Postel

The Collective Right Endures: Pre-Heller Precedent and Our Understanding of the Modern Second Amendment
William Reach

Freedom in the Balance: Procedural Due Process Rights and the Burden of Proof in Detention Hearings in Immigration Removal Proceedings
Colin Brady

Plaintiff’s Problem: Constitutional Concerns with Service of Process Under Alaska Rule of Civil Procedure 4(D)(7)-(8)
Casey Sawyer

Volume 30

Maybe We Don’t Need to Find Waldo After All: Why Preventing Voter Fraud is Not a Compelling Interest
Brandon T. Goldstein 

Limited Protection: The Impact of Illegal Entry on Due Process Rights in Expedited Removal Proceedings
Sun Shen

The Price of Democracy: Evaluating the Excessing Fines Clause in Light of Florida Felon Disenfranchisement
Raven Peters

Ridden with Controversy: Applying the Public Forum Doctrine to Public Transit Advertising
Remy T. B. Oliver

Ballots in an Unfamiliar Language and Other Things That Make No Sense: Interpreting How the Voting Rights Act Undermines Constitutional Rights for Voters with Limited English Proficiency
Abigail Hylton

Geofence Warrants: Geolocating the Fourth Amendment
A. Reed McLeod

Volume 29

George R.R. Martin’s Faith Militant in Modern America: The Establishment Clause and a State’s Ability to Delegate Policing Powers to Private Police Forces Operated by Religious Institutions
Andrew Gardner

Free Speech, Strict Scrutiny, and a Better Way to Handle Speech Restrictions
Aaron Pinsoneault

Deepfakes: A New Content Category for a Digital Age
Anna Pesetski

Fitbit Data and the Fourth Amendment: Why the Collection of Data from a Fitbit Constitutes a Search and Should Require a Warrant in Light of Carpenter v. United States
Alxis Rodis

Unequal Protection: Rethinking the Standards and Safeguards for Absentee Ballot Schemes
Kira M. Simon

Frankly, It’s a Mess: Requiring Courts to Transparently “Redline” Affidavits in the Face of Franks Challenges 
Diana Bibb

Article III Standing, the Sword and the Shield: Resolving A Circuit Split in Favor of Data Breach Plaintiffs 
R. Andrew Grindstaff

Petitions from the Grave: Why Federal Executions Are a Violation of the Suspension Clause
Taran Wessells

Volume 28

“When the Enemy Drew Our Attention”: Reconsidering Prior Restraint in the Context of Dual Use Research of Concern
Caine Caverly

Protecting the States from Electoral Invasions
Drew Marvel

Contracting Away the First Amendment?: When Courts Should Intervene in Nondisclosure Agreements
Abigail Stephens

Arbitrary Arbiters: Evaluating the Right to be Informed of Eligibility for Discretionary Relief in Removal Proceedings
Michael Jordan

Understanding the Spirit of the Constitution on Corruption: Emoluments, Impeachment, and the Primacy of Political Virtue
Lea Mano

Information Gathering or Speech Creation: How to Think About a First Amendment Right to Record
Jared Mullen

Not Gill-ty: Challenging and Providing a Workable Alternative to the Supreme Court’s Gerrymandering Standing Analysis in Gill v. Whitford
Colin Neal

“Buy One Get One Free”: How Reindictment Policies Permit Excessive Searches
Katie Carroll

You Must Present a Valid Form of (Gender) Identification: The Due Process and First Amendment Implications of Tennessee’s Birth Certificate Law
Brooke Lowell

Volume 27

Dear Colleague: Due Process is Not Under Attack at Colleges and Universities, as Shown Through a Comparative Analysis of College Disciplinary Committees and American Juries
Mara Emory Shingleton

Adapting Bartnicki v. Vopper to a Changing Tech Landscape: Rebalancing Free Speech and Privacy in the Smartphone Age 
Andrew E. Levitt

The Superior Solution to the “Denominator Problem”—Comparing the Majority and Dissent’s Property Benchmark Tests in Murr v. Wisconsin With a Focus on Property Owners’ Reasonable Expectations
Rosemary K. McGuirk

Who’s Your Sovereign?: The Standing Doctrine Parens Patriae & State Lawsuits Defending Sanctuary Policies
Lexi Zerrillo

Puerto Rico, Inc.: Implicit Incoporation and Puerto Rico’s Right to Vote For Presidential Electors
Aaron Barden

A Cleaner, CRISPR Constitution: Germline Editing and Fundamental Rights
Andrew Cunningham

Time for a Change in Eminent Domain: A “Dirt Farmer’s” Story Shows Why Just Compensation Should Include Lost Profits
Edward Walton

In Defense of Hybrid Representation: The Sword to Wield and the Shield to Protect
Kelly Rondinelli

Volume 26

Anna McMullen, Search, Seizure, and Snapchat: How the Fourth Amendment Fits Within the Evolving World of Civil E-Discovery

Tyler Sherman, All Employers Must Wash Their Speech Before Returning to Work: The First Amendment & Compelled Use of Employees’ Preferred Gender Pronouns

Emily J. Heltzel, Incarcerated and Unrepresented: Prison-Based Gerrymandering and Why Evenwel’s Approval of “Total Population” as a Population Base Shouldn’t Include Incarcerated Populations

Trevor N. Ward, Protecting the Silence of Speech: Academic Safe Spaces, the Free Speech Critique, and the Solution of Free Association

Thomas A. Costello, Quitting Cold Turkey?: Federal Preemption Doctrine and State Bans on FDA-Approved Drugs

Elizabeth Mincer, Fifty Shades and Fifty States: Is BDSM a Fundamental Right? A Test for Sexual Privacy

Tomas Capretta, Highway Robbery: Due Process, Equal Protection, and Punishing Poverty with Driver’s License Suspensions

Daniel Cutler, Not Today, Satan: Re-examining Viewpoint Discrimination in the Limited Public Forum

Volume 25

Jake Albert, The Flawed Reasoning Behind Johnson v. United States and a Solution: Why a Facts-Based Approach Should Have Been Used to Interpret the Residual Clause of the Armed Career Criminal Act

Bethany Bostron, Of Prairie Dogs and Congressmen: Defining the Regulated Activity and Why It Matters for the Commerce Clause Substantial Effect Test

Benjamin A. Ellis, “Time Enough” for Scrutiny: The Second Amendment, Mental Health, and the Case for Intermediate Scrutiny

Abigail Hoglund-Shen, Fixer Upper: Reforming Vergara’s Teacher Tenure Statutes

Mary E. Johnston, Combatting Thieves of Valor: The Stolen Valor Act of 2013 Is Constitutional Yet Unenforced

Rachel Jones, Excessively Unconstitutional: Civil Asset Forfeiture and the Excessive Fines Clause in Virginia

Jacob Kit, If It Looks Like a Super Pac, Acts Like a Super Pac, and Is Restricted Like a Super Pac, Then Treat It Like a Super Pac: Why Contribution Limits on a Hybrid Pac’s Independent-Expenditure Arm Are Impermissible

Emily Wagman, But First, (Don’t) Let Me Take a Selfie:
New Hampshire’s Ban on Ballot Selfies and First Amendment Scrutiny

Volume 24

Susanne Cordner, Adjusting the Benefits and Burdens of Economic Life for the Public Good: The ACA’s Medical Loss Ratio as a Constitutional Regulation of Health Insurance Companies

Abigail M. Pierce, #Tweeting for Terrorism: First Amendment Implications in Using Proterrorist Tweets to Convict Under the Material Support Statute

Shaina D. Massie, Orange is the New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders

Tyler R. Murray, The Eighth Amendment and Tax Evasion: Whether FATCA Non-Compliance Fines and FBAR Penalties are Excessive

Volume 23

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 Suppresses the Rights of Criminal Defendants to a Jury Trial

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

Volume 22

Julie A. Cook, Specificity or Dismissal: The Improper Extension of Rule 9(b) to Negligent Misrepresentation as a Deprivation of Plaintiffs’ Procedural Due Process Rights

Andrew Lindsey, Death by Irrelevance: The Unconstitutionality of Virginia’s Continued Exclusion of Prison Conditions Evidence to Assess the Future Dangerousness of Capital Defendants

Carolyn R. Cody, Professional Licenses and Substantive Due Process: Can States Compel Physicians to Provide Their Services?

M. Elizabeth Petty, Rauschenberg, Royalties, and Artists’ Rights: Potential Droit de Suite Legislation in the United States

William Rose, Calming Unsettled Waters: A Proposal for Navigating the Tenuous Power Divide Between the Federal Courts and the USPTO Under the America Invents Act

Brett Piersma, Election Evidence: The Promises and Realities of California’s Citizens Commission

Paul Wolfgramm, Jr., Power and Responsibility: Fourth Amendment Limits on the Use of Molecular Scanners

Volume 21

Christopher A. Sickles, Note, Bridging the Liability Gap: How Kowalski’s Interpretation of Reasonable Foreseeability Limits School Liability for Inaction in Cases of Cyber-Bullying, 21 WM. & MARY BILL RTS. J. 241 (2012).

Lee Tankle, Note, The Only Thing We Have to Fear is Fear Itself: Islamophobia and the Recently Proposed Unconstitutional and Unnecessary Anti-Religion Laws, 21 WM. & MARY BILL RTS. J. 273 (2012).

Emilie Whitehurst, Note, Shaping California’s Prisons: How the Alternative Custody Program, Designed to Remedy the State’s Eighth Amendment Violations in the Prison System, Encroaches on Equal Protection, 21 WM. & MARY BILL RTS. J. 303 (2012).

Andrew E. Behrns, Note, To Cut or Not To Cut?: Addressing Proposals To Ban Circumcision Under Both a Parental Rights Theory and Child-Centered Perspective in the Specific Context of Jewish and Muslim Infants, 21 WM. & MARY BILL RTS. J. 925 (2013).

Michelle L. Sudano, Note, Crossing the Final Border: Securing Equal Gender Protection in Immigration Cases, 21 WM. & MARY BILL RTS. J. 957 (2013).

Chadwick Welch, Note, Dodd-Frank’s Title II Authority: A Disorderly Liquidation of Experience, Logic and Due Process, 21 WM. & MARY BILL RTS. J. 989 (2013).

Tiffany Marie Westfall Ferris, Note, Justices Hawking Jesus: Endorsement Through Citation to Religious Amici in Supreme Court Opinions, 21 WM. & MARY BILL RTS. J. 1259 (2013).

Andrew J. Wolf, Note, Detailing Commercial Speech: What Pharmaceutical Marketing Reveals About Bans on Commercial Speech, 21 WM. & MARY BILL RTS. J. 1291 (2013).

Volume 20

Joseph B. Allen, Note, Extending Hope into “The Hole”: Applying Graham v. Florida to Supermax Prisons, 20 WM. & MARY BILL RTS. J. 217 (2011).

Joseph Kamien, Note, The Natural Flow of Ideas: Why the Fifth Amendment Takings Clause and an Obscure Water-Rights Decision Might Thwart Attempts at Streamlining the Patent Queu, 20 WM. & MARY BILL RTS. J. 1373 (2012).

Hanh H. Lee, Note, The “Padilla Advisory” and Its Implications Beyond the Immigration Context, 20 WM. & MARY BILL RTS. J. 589 (2011).

Lauren Manns, Note, An Unusual Separation of Power Episode: Samantar v. Yousuf and the Need for the Executive Branch to Assert Control over Foreign Official Sovereign Immunity Determinations, 20 WM. & MARY BILL RTS. J. 955 (2012).

Ryen Rasmus, Note, The Auto-Authentification of the Page: Purely Written Speech and the Doctrine of Obscenity, 20 WM. & MARY BILL RTS. J. 253 (2011).

Samantha Lauren Soller, Note, “Give Me a Few More Minutes!”: How Virginia Violates Due Process by Hitting the Snooze Button on a Timely Declaration of Death, 20 WM. & MARY BILL RTS. J. 981 (2012).

Davis Walsh, Note, All a Twitter: Social Networking, College Athletes, and the First Amendment, 20 WM. & MARY BILL RTS. J. 619 (2011).

Jamie L. Williams, Note, Teens, Sexts, & Cyberspace: The Constitutional Implications of Current Sexting & Cyberbullying Laws, 20 WM. & MARY BILL RTS. J. 1017 (2012).

Volume 19

Anne Hampton Andrews, Note, The Melendez-Diaz Dilemma: Virginia’s Response, A Model to Follow, 19 WM. & MARY BILL RTS. J. 419 (2010).

Robert F. Friedman, Note, Protecting Victims from Themselves, but Not Necessarily from Abusers: Issuing a No-Contact Order over the Objection of the Victim-Spouse, 19 WM. & MARY BILL RTS. J. 235 (2010).

Laura Hough, Note, Finding Equilibrium: Exploring Due Process Violations in the Whistleblower Provisions of the Fraud Enforcement and Recovery Act of 2009, 19 WM. & MARY BILL RTS. J. 1061 (2011).

John Q. Mulligan, Note, Huppert, Reilly, and the Increasing Futility of Relying on the First Amendment to Protect Employee Speech, 19 WM. & MARY BILL RTS. J. 449 (2010).

Sarah Elizabeth Nokes, Note, Redefining the Supremacy Clause in the Global Age: Reconciling MedellÍn with Original Intent, 19 WM. & MARY BILL RTS. J. 829 (2011).

Corey Preston, Note, Faulty Foundations: How the False Analogy to Routine Fingerprinting Undermines the Argument for Arrestee DNA Sampling, 19 WM. & MARY BILL RTS. J. 475 (2010).

Jonathan D. Puvak, Note, Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything about Them?, 19 WM. & MARY BILL RTS. J. 1091 (2011).

Colin Schlueter, Note, Color Conscious: The Unconstitutionality of Adoptive Parents’ Expression of Racial Preferences in the Adoption Process, 19 WM. & MARY BILL RTS. J. 263 (2010).

Volume 18

Aubrey H. Brown III, Note, Georgia v. Randolph, the Red-Headed Stepchild of an Ugly Family: Why Third-Party Consent Search Doctrine is an Unfortunate Fourth Amendment Development That Should Be Restrained, 18 WM. & MARY BILL RTS. J. 471 (2009).

Andrew G. Caffrey, Note, No Ambiguity Left Behind: A Discussion of the Clear Statement Rule and the Unfunded Mandates Clause of No Child Left Behind, 18 WM. & MARY BILL RTS. J. 1129 (2010).

Lindsey Craven, Note, Where Do We Go from Here? Handgun Regulation in a Post-Heller World, 18 WM. & MARY BILL RTS. J. 831 (2010).

Cullen Ann Drescher, Note, The BAPCPA, the Gag Rule, and the First Amendment: A Proposal for Alignment Through Interpretive and Analytical Change, 18 WM. & MARY BILL RTS. J. 503 (2009).

Jennifer E. Fleming, Note, Your Honor, I Seen Him with That Gang: The Constitutionality of the Federal Criminal Street Gang Statute in the Wake of Apprendi v. New Jersey, 18 WM. & MARY BILL RTS. J. 249 (2009).

Katharine Kruk, Note, Of Fat People and Fundamental Rights: The Constitutionality of the New York City Trans-Fat Ban, 18 WM. & MARY BILL RTS. J. 857 (2010).

Ryan S. Marion, Note, Prisoners for Sale: Making the Thirteenth Amendment Case Against State Private Prison Contracts, 18 WM. & MARY BILL RTS. J. 213 (2009).

Carrie Pixler, Note, Setting the Boundaries of the Census Clause: Normative and Legal Concerns Regarding the American Community Survey, 18 WM. & MARY BILL RTS. J. 1097 (2010).