The Journal has completed Volume 28. Released issues and previous volumes are available through Lexis, Westlaw, and Heinonline.
Volume 28, Issue 4
Articles
- Clay Calvert, Dissent, Disagreement and Doctrinal Disarray: Free Expression and the Roberts Court in 2020
- Andreas Kuersten, Tasing the Constitution: Conducted Electrical Weapons, Other Forceful Arrest Means, and the Validity of Subsequent Constitutional Rights Waivers
- George J. Somi, The Death of Non-Resident Contribution Limit Bans and the Birth of the New Small, Swing State
- Eric D. Yordy & Elizabeth Brown, Secondary Meaning and Religion: An Analysis of Religious Symbols in the Courts
Comment
Andrew Mueller, Preventing Parkland: A Workable Fourth Amendment Standard for Searching Juveniles’ Smartphones Amid School Threats in a Post-Parkland World
Notes
- Katie Carroll, “Buy One Get One Free”: How Reindictment Policies Permit Excessive Searches
- Brooke Lowell, You Must Present a Valid Form of (Gender) Identification: The Due Process and First Amendment Implications of Tennessee’s Birth Certificate Law
Volume 28, Issue 3
Articles
- Kevin W. Connell, The Bad News of Good News Club: Obliterating the Wall Between Church & State
- Melanie Kalmanson, Steps Toward Abolishing Capital Punishment: Incrementalism in the American Death Penalty
- Samuel P. Newton, Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy the Inequities Which Developed from Kidnapping’s Sensationalized and Racialized History
- Jared Schroeder, Saving the Marketplace from Market Failure: Reorienting Marketplace Theory in the Era of AI Communicators
Notes
- Michael Jordan, Arbitrary Arbiters: Evaluating the Right to be Informed of Eligibility for Discretionary Relief in Removal Proceedings
- Lea Mano, Understanding the Spirit of the Constitution on Corruption: Emoluments, Impeachment, and the Primacy of Political Virtue
- Jared Mullen, Information Gathering or Speech Creation: How to Think About a First Amendment Right to Record
- Colin Neal, Not Gill-ty: Challenging and Providing a Workable Alternative to the Supreme Court’s Gerrymandering Standing Analysis in Gill v. Whitford
Volume 28, Issue 2
Symposium: Constitutional Rights: Intersections, Synergies, and Conflicts
Articles
- Carlos A. Ball, Gender-Stereotyping Theory, Freedom of Expression, and Identity
- Ashutosh Bhagwat, The Conscience of the Baker: Religion and Compelled Speech
- Joseph Blocher & Luke Morgan, Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights
- Michael Coenen, Four Responses to Constitutional Overlap
- Deborah Hellman, The Epistemic Function of Fusing Equal Protection and Due Process
- B. Jessie Hill, The Deliberative-Privacy Principle: Abortion, Free Speech, and Religious Freedom
- Gregory P. Magarian, Political and Non-Political Speech and Guns
- Darrell A. H. Miller, Constitutional Conflict and Sensitive Places
- Elizabeth Sepper, Sex Segregation, Economic Opportunity, and Roberts v. U.S. Jaycees
- Robert L. Tsai, Considerations of History and Purpose in Constitutional Borrowing
Notes
- Abigail Stephens, Contracting Away the First Amendment?: When Courts Should Intervene in Nondisclosure Agreements
Volume 28, Issue 1
Articles
- Douglas Laycock, Legislators on Executive-Branch Boards are Unconstitutional, Period
- Amanda Reid, Safeguarding Fair Use Through First Amendment’s Asymmetric Constitutional Fact Review
- Danaya C. Wright, “Great Variety of Relevant Conditions, Political, Social and Economic”: The Constitutionality of Congressional Deadlines on Amendment Proposals Under Article V
- Michael H. LeRoy, Is the “Hire American” Executive Order a Suspect Classification?
- Lorianne Updike Toler, Western Reconstruction and Woman Suffrage
Notes
- Caine Caverly, “When the Enemy Drew Our Attention”: Reconsidering Prior Restraint in the Context of Dual Use Research of Concern
- Drew Marvel, Protecting the States from Electoral Invasions
Volume 27, Issue 4
Table of Contents: PDF
Articles:
- Tom Donnelly, The Popular Constitutional Canon
- Stephen M. Feldman, Broken Platforms, Broken Communities? Free Speech on Campus
- John D. Bessler, A Century in the Making: The Glorious Revolution, The American Revolution, and the Origins of the U.S. Constitution’s Eight Amendment
- Lea VanderVelde, Servitude and Captivity in the Common Law of Master-Servant: Judicial Interpretations of the Thirteenth Amendment’s Labor Vision Immediately After Its Enactment
- Carl Tobias, Filling the Ninth Circuit Vacancies
- Ariel L. Bendor and Michal Tamir, Prior Restraint in the Digital Age
- David Sloss and Wayne Sandholtz, Universal Human Rights and Constitutional Change
Symposium:
- Valerie Oosterveld, Force Marriage: Terminological Coherence and Dissonance in International Criminal Law
Notes
- Edward Walton, Time for a Change in Eminent Domain: A “Dirt Farmer’s” Story Shows Why Just Compensation Should Include Lost Profits
- Kelly Rondinelli, In Defense of Hybrid Representation: The Sword to Wield and the Shield to Protect
Volume 27, Issue 3
Table of Contents: PDF
Symposium:
- Susana SáCouto and Patricia Viseur Sellers, The Bemba Appeals Chamber Judgment: Impunity for Sexual and Gender-Based Crimes?
- Göran Sluiter, Human Rights in International Criminal Proceedings – The Impact of the Judgement of the Kosovo Specialist Chambers of 26 April 2017
- Stuart Ford, Understanding Crime Gravity: Exploring the Views of International Criminal Law Experts
- John D. Jackson, Common Law Evidence and the Common Law of Human Rightss: Towards a Harmonic Convergence?
- Lan Cao, Charter Cities
- Mark A. Drumbl, Epilogue: From Too Tall to Trim and Small
Articles:
- James F. Blumstein and Thomas J. Cheeseman, State Empowerment and the Compact Clause
- Clay Calvert, Merging Offensive-Speech Cases With Viewpoint-Discrimination Principles: The Immediate Impact of Matal v. Tam on Two Strands of First Amendment Jurisprudence
Notes:
- Aaron Barden, Puerto Rico, Inc.: Implicit Incoporation and Puerto Rico’s Right to Vote For Presidential Electors
- Andrew Cunningham, A Cleaner, CRISPR Constitution: Germline Editing and Fundamental Rights
Volume 27, Issue 2
Table of Contents: PDF
Articles:
- Samantha Barbas, The Esquire Case: A lost Free Speech Landmark
- Grant Christensen, Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity
- John Vlahoplus, Other Lands and Other Skies: Birthright Citizenship and Self-Government in Unincorporated Territories
- John Lawrence Hill, The Father of Modern Constitutional Liberalism
- Susan K. Serrano, A Reparative Justice Approach to Assessing Ancestral Classifications Aimed at Colonization’s Harms
Notes:
- Rosemary K. McGuirk, 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
- Lexi Zerrillo, Who’s Your Sovereign?: The Standing Doctrine Parens Patriae & State Lawsuits Defending Sanctuary Policies
Volume 27, Issue 1
Articles:
- Jeffrey Steven Gordon, Silencing State Courts
- Katherine Macfarlane, The New Jim Crow’s Equal Protection Potential
- George C. Thomas III, The Common Law Endures in the Fourth Amendment
- Henry Lowenstein and Kathryn Kisska-Schulze, A Historical Examination of the Constitutionality of the Federal Estate Tax
- Lucien J. Dhooge, The Religious Freedom Restoration Act At 25: A Quantitative Analysis of the Interpretive Case Law
Notes:
- Mara Emory Shingleton, 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
- Andrew E. Levitt, Adapting Bartnicki v. Vopper to a Changing Tech Landscape: Rebalancing Free Speech and Privacy in the Smartphone Age
The Journal has completed Volume 26. Previous volumes are available through Lexis, Westlaw, and Heinonline.
Volume 26, Issue 4
Articles:
- Clay Calvert, The Government Speech Doctrine in Walker’s Wake: Early Rifts and Reverberations on Free Speech, Viewpoint Discrimination and Offensive Expression
- Anthony O’Rourke, Textual Vagueness and Institutional Divergence in Constitutional Decisionmaking
- William J. Rich, Hiding in Plain View: A Path Around Sovereign Immunity For State Government Employees
Notes:
- Rachel Jones, Excessively Unconstitutional: Civil Asset Forfeiture and the Excessive Fines Clause in Virginia
- Mary Johnston, Combatting Thieves of Valor: The Stolen Valor Act of 2013 is Constitutional Yet Unenforced
- Benjamin A. Ellis, “Time Enough” for Scrutiny: The Second Amendment, Mental Health, and the Case for Intermediate Scrutiny
Volume 26, Issue 3
Articles:
- Douglas W. Kmiec, A Reverent Reflection of the Splendid Scholarship of Martin Redish-Does Reexamining Commercial Speech Shed Light on the Regrettable Reliance Upon Lie & Insult in Political Campaign?
- Andrew Koppelman, Introduction to Conference, Commercial Speech and the First Amendment: Past, Present, and Future, Northwestern Law School, October 14, 2016: The Moral Demands of Commercial Speech
- Alan B. Morrison, No Regrets (Almost): After Virginia Board of Pharmacy
- Burt Neuborne, The Status of the Hearer in Mr. Madison’s Neighborhood
- Tamara R. Piety, In Praise of Legal Scholarship
- Martin H. Redish & Kyle Voils, False Commercial Speech and the First Amendment: Understanding the Implications of the Equivalency Principle
- Adam M. Samaha, Are Commercial Speech Cases Ideological? An Empirical Inquiry
- Frederick Schauer, Commercial Speech and the Perils of Parity
- Jaymes Fairfax-Columbo & David DeMatteo, Reducing the Dangers of Future Dangerousness Testimony: Applying the Federal Rules of Evidence to Capital Sentencing
- Jesse Merriam, Preemption as a Consistency Doctrine
- Mark Tushnet, The Coverage/Protection Distinction in the Law of Freedom of Speech-An Essay on Meta-Doctrine in Constitutional Law
Notes:
- Bethany Bostron, Of Prairie Dogs and Congressman: Defining the Regulated Activity and Why it Matters for the Commerce Clause Substantial Effect Test
- Abigail Hoglund-Shen, Fixer Upper: Reforming Vergara’s Teacher Tenure Status
Volume 26, Issue 2
Articles:
- Paul Brand, The First Century of Magna Carta: The Diffusion of Texts and Knowledge of the Charter
- Donahue, Magna Carta in the Fourteenth Century: From Law to Symbol?: Reflections on the “Six Statutes”
- Sarah Harlan-Haughey, Forest Law Through the Looking Glass:
Distortions of the Forest Charter in the Outlaw Fiction of Late Medieval England - R.H. Helmholz, The Church and Magna Carta
- Loengard, Interpretation and Re-Interpretation of a Clause: Magna Carta and the Widow’s Quarantine
- Thomas J. McSweeney, Salvation by Statute: Magna Carta, Legislation, and the King’s Soul
- Anthony Musson, The Legacy of Magna Carta: Law and Justice in the Fourteenth Century
- Josephine Ross, Warning: Stop-And- Frisk May be Hazardous to Your Health
- Ryan Rowberry, Forest Eyre Justices in the Reign of Henry III (1216-1272)
- David J. Seipp, Magna Carta in the Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, and a Turn Away from Trial by Jury
- Karl Shoemaker, The Great Charter Turned 800: Remembering Its 700th Birthday
Notes:
- Jake Albert, The Flawed Reasoning Behind Johnson v. United States and a Solution: Why Facts-Based Approach Should Have Been Used to Interpret the Residual Clause of the Armed Career Criminal Act
Volume 26, Issue 1
Articles:
- Samantha Barbas, The Most Loved, Most Hated Magazine in
America: The Rise and Fall of Confidential
Magazine - Benjamin W. Cramer &
Martin E. Halstuk, Crash and Learn: The Inability of
Transparency Laws to Penetrate
American Monetary Policy - David R. Dow, Is the “Arising Under” Jurisdictional
Grant in Article II Self-Executing? - Toni M. Massaro, The Lawfulness of the Same-Sex Marriage
Decisions: Charles Black on Obergefell - Meghan J. Ryan, Justice Scalia’s Bottom-Up Approach to Shaping the Law
- Shaakirrah R. Sanders, Deconstructing Juryless Fact-Finding in Civil Cases
- Ann L. Schiavone, Legal Realism and Meaningful Rational
Basis in Dog Law and Beyond
Notes:
- Jacob N. Kipp, 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, Issue 4
- Clay Calvert and Matthew D. Bunker, Fissures, Fractures & Doctrinal Drifts: Paying the Price in First Amendment Jurisprudence For a Half Decade of Avoidance, Minimalism & Partisanship
- Pamela R. Metzger, Confrontation as a Rule of Production
- Matthew J. Steilen, Due Process as a Choice of Law: A Study in the History of a Judicial Doctrine
- Michael Parsons, Clearing the Political Thicket: Why Political Gerrymandering for Partisan Advantage is Unconstitutional
- Wencong Fa, The Trouble with Racial Quotas in Disparate Impact Remedial Orders
Notes:
- Justin A. Thatch, The Lesser of Two Evils: Exploring the Constitutionality of Indefinite Detentions of Terror Enemy Combatants Following the End of “Combat Operations” in Afghanistan
- Ashley M. Eick, Forging Ahead from Ferguson: Re-Evaluating the Right to Assemble in the Face of Police Militarization
Volume 24, Issue 3
SYMPOSIUM: The Liberal Dilemma in Child Welfare Reform
- James G. Dwyer, Diagnosing Liberal Resistance to Needed Child Welfare Reforms
- David Stoesz, How the Liberati Sabotaged Child Welfare
- Adam J. Duso and John Stogner, Re-Evaluating the Criminalization of In Utero Alcohol Exposure: A Harm-Reduction Approach
- Bruce A. Thyer, Project Prevention: Concept, Operation, Results and Controversies About Paying Drug Abusers to Obtain Long-Term Birth Control
- Cassie Statuto Bevan, The Impact of Liberal Ideology on Child Protection Reform
- Elizabeth Bartholet, Thoughts on the Liberal Dilemma in Child Welfare Reform
- Richard J. Gelles, Ph.D., Why the American Child Welfare System is Note Child Centered
- Daniel Heimpel, Child Protection’s Parental Preference
Articles:
- Josh Gupta-Kagan, Stanley v. Illinois’s Untold Story
- Thomas A. Eaton and Michael L. Wells, Attorney’s Fees, Nominal Damages, and Section 1983 Litigation
Notes:
- Ross Hoogstraten, Implications on the Constitutionality of Student Cell Phone Searches Following Riley v. California
- J. Nicholas Murosko, Communicable Diseases and the Right to Re-Enter the United States
Volume 24, Issue 2
- Brian Charles Lea, The Merits of Third-Party Standing
- Stephen M. Feldman, (Same) Sex, Lies, and Democracy: Tradition, Religion, and Substantive Due Process (With an Emphasis on Obergefell v. Hodges)
- Celestine Richards McConville, The (Not So Dire) Future of the Necessary and Proper Power After National Federation of Independent Business v. Sebelius
- Nathan S. Chapman, The Establishment Clause, State Action, and Town of Greece
- Joelle Anne Moreno, Extralegal Supreme Court Policy-Making
Notes:
- Shaina D. Massie, Orange is the New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders
- Tyler M. Murray, The Eighth Amendment and Tax Evasion: Whether FATCA Non-Compliance Fines and FBAR Penalties are Excessive
Volume 24, Issue 1
- John Kip Cornwell, Sex Offender Residency Restrictions: Government Regulation of Public Health, Safety, and Morality
- Shaakirrah R. Sanders, Uncapping Compensation in the Gore Punitive Damage Analysis
- Christopher R. Green, Incorporation, Total Incorporation, and Nothing But Incorporation?
- Carrie E. Garrow, Habeas Corpus Petitions in Federal and Tribal Courts: A Search for Individualized Justice
- Carlton F. W. Larson, “Shouting ‘Fire” In a Theater”: The Life and Times of Constitutional Law’s Most Enduring Analaogy
Notes:
- 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
Volume 23, Issue 4
- Karen M. Blum, Section 1983 Litigation: The Maze, the Mud, and the Madness
- Dennis Schmelzer, Historically Unappealing: Boumediene v. Bush, Appellate Avoidance Mechanisms, and Black Holes Extending Beyond Guantanamo Bay
- Laura R. Dove, Sovereign Impunity: The Supreme Court of Georgia’s False Textualism Expands the Doctrine of Sovereign Immunity in the State
- Richard Alexander Izquierdo, The Architecture of Constitutional Time
- Patrick J. Charles, The Second Amendment in the Twenty-First Century: What Hath Heller Wrought?
Notes:
- Stephanie Masaba, Diagnose with Time is Money: Arbitrary Medicare Provisions Differentiating Observation Services from Inpatient Admission Violate Beneficiaries’ Due Process Rights
- W. Matt Morgan, What Did They Mean? How Principles of Group Communication Can Inform Original Meaning Jurisprudence and Address the Problem of Collective Intent
Volume 23, Issue 3
- Girardeau A. Spann, Good Faith Discrimination
- Aram A. Gavoor and Daniel Miktus, Snap: How the Moral Elasticity of the Denaturalization Statute Goes Too Far
- Mary Holper, Confronting Cops in Immigration Court
- David Fontana, The Narrowing of Federal Power by the American Political Capital
- Kiel Brennan-Marquez, Magic Words
- William C. Nevin, Neither Tinker, Nor Hazelwood, Nor Fraser, Nor Morse: Why Violent Student Assignments Represent a Unique First Amendment Challenge
Notes:
- Benjamin Abel, Reviewing the Magic Pipes: Angelex LTD. v. United States, Oily Water Separators, and Constitutional Review of Coast Guard Action
- Warren Geoffrey Tucker, It’s Not Called Conduct Therapy: Talk Therapy as a Protected Form of Speech Under the First Amendment
Volume 23, Issue 2
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 a 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 Principles, Mentally Ill Defendants, and the Death Penalty’s Unraveling
- 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
SYPOSIUM: Rethinking DC Representation in Congress
- Larry Mirel and Joe Sternlieb, “…Chosen by the People of the Several States…” Statehood for the District of Columbia
- Heather K. Gerken, The Right to Vote: Is the Amendment Game Worth the Candle?
- Richard Briffault, Three Questions for the “Right to Vote” Amendment
- Jamin Raskin, Democratic Capital: A Voting Rights Surge in Washington Could Strengthen the Constitution for Everyone
- Mary M. Cheh, 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 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 Federal Courts: Triple Error Decisions in Clapper v. Amnesty International USA and City of Los Angeles v. Lyons
- Heather Elliott, 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 Barclary, Retained by the People: Federalism, the Ultimate Sovereign, and Natural Limits on Government Power
Notes:
- Austin Graham, Unstable Footing: Shelby’s County’s Misapplication of the Equal Footing Doctrine
- Katharine J. Westfall, Voided Vows: Annulment as a Full Faith and Credit Solution to the Same-Sex Divorce Condundrum
Volume 22, Issue 4
- Mae Kuykendall & Charles Adside, III, Unmuting the Volume: Fisher, Affirmative Action Jurisprudence, and the Legacy of Racial Silence
- Tiffani N. Darden, Parental Exclusion from the Education Governance Kaleidoscope: Providing a Political Voice for Marginalized Students in Our Time of Disruption
- Amitai Etzioni, A Liberal Communitarian Approach to Security Limitations on the Freedom of the Press
- Sarah A. Mourer, Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across the Nation
Notes:
- Julie A. Cook, Specificity or Dismissal: The Improper Extension of Rule 9(b) to Negligent Misrepresentation as a Deprivation of Plaintiff’s 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
Volume 22, Issue 3
- Alberto R. Gonzales, In Search of Justice: An Examination of the Appointments of John G. Roberts and Samuel A. Alito to the U.S. Supreme Court and Their Impact on American Jurisprudence
- Richard L. Hasen, Shelby County and the Illusion of Minimalism
- Anthony Michael Kreis, Marriage Equality in State and Nation
- Renee Lettow Lerner, The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial
- Lawrence Rosenthal, Binary Searches and the Central Meaning of the Fourth Amendment
Notes
- 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
Volume 22, Issue 2
SYMPOSIUM: Professor Charles H. Koch, Jr. Memorial on Administrative Law
- Davison M. Douglas, Remembering Our Friend and Colleague, Professor Charles Koch (1944-2012)
- Paul R. Verkuil, Remarks on Charles H. Koch, Jr.
- John F. Duffy, Jury Review of Administrative Action
- William Funk, Deadly Drones, Due Process, and the Fourteenth Amendment
- Michael J. Gerhardt, On Candor, Free Enterprise Fund, and the Theory of the Unitary Executive
- Michael Herz, “Data, Views, or Arguments”: A Rumination
- William S. Jordan, III, Charles Koch, Jr. – The Casebook and the Scholarship
- Ronal M. Levin, Administrative Judges and Agency Policy Development: The Koch Way
- Richard Murphy, The Should Be First – Flip the Order of the Chevron Two-Step
- Sidney Shapiro & Elisabeth Fisher, Chevron and the Legitimacy of “Expert” Public Administration
- Peter L. Strauss, Private Standards Organizations and Public Law
- Paul R. Verkuil, An Essay on Due Process and the Endowment Effect
- Russel L. Weaver, Administrative Searches, Technology, and Personal Privacy
Article:
- Adam M. Gershowitz, Seizing a Cell Phone Incident to Arrest: Data Extraction Devices, Faraday Bags, or Aluminum Foil as a Solution to the Warrantless Cell Phone Search Problem
Note:
- 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
Volume 22, Issue 1
- John F. Preis, In Defense of Implied Injunctive Relief in Constitutional Cases
- John P. Gross, What Matters More: A Day in Jail or a Criminal Conviction?
- Scott W. Howe, The Eighth Amendment as a Warrant Against Underserved Punishment
- Nat Stern, Secondary Speech and the Protective Approach to Interpretive Dualities in the Roberts Court
- Mark Strasser, Innocents Beware: On Religion Clause Jurisprudence and the Negligent Retention or Hiring of Clergy
Notes
- 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