The Journal has completed Volume 29. Released issues and previous volumes are available through Lexis, Westlaw, and Heinonline. The Journal is now working on the publication of Volume 30–set to be released in October 2021.
Volume 30, Issue 1
Articles
- Andrew C. Brunsden, Inspectors General and the Law of Oversight Independence
- Joshua A. Douglas, Undue Deference to States in the 2020 Election Litigation
- Kip M. Hustace, Education, Antidomination, and the Republican Guarantee
- Myles S. Lynch, Disloyalty & Disqualification: Reconstructing Section 3 of the Fourteenth Amendment
Volume 29, Issue 4
Articles
- Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, and Paul Roberts, A Comparative Examination of Police Interrogation of Criminal Suspects in Australia, Canada, England and Wales, New Zealand, and the United States
- Amanda Chan and Anna Nathanson, “Not for Human Consumption”: Prison Food’s Absent Regulatory Regime
- Steven K. Green, No Aid, No Agency
- Jared Schroeder, Fixing False Truths: Rethinking Truth Assumptions and Free-Expression Rationales in the Networked Era
- Robert H. Thomas, Evaluating Emergency Takings: Flattening the Economic Curve
Volume 29, Issue 3
Articles
- Rebecca L. Brown, Who Constrains Presidential Exercise of Delegated Powers?
- David Fontana, Destructive Federal Decentralization
- John Harrison, The Original Meaning of the Habeas Corpus Suspension Clause, the Right of Natural Liberty, and Executive Discretion
- Meredith McLain and Sharece Thrower, Executive Unilateralism and Individual Rights in a Federalist System
- Shalini Bhargava Ray, The Emerging Lessons of Trump v. Hawaii
- Mark Tushnet, The President and Individual Rights
Notes
- Diana Bibb, Frankly, It’s a Mess: Requiring Courts to Transparently “Redline” Affidavits in the Face of Franks Challenges
- R. Andrew Grindstaff, Article III Standing, the Sword and the Shield: Resolving A Circuit Split in Favor of Data Breach Plaintiffs
- Taran Wessells, Petitions from the Grave: Why Federal Executions Are a Violation of the Suspension Clause
Volume 29, Issue 2
Articles
- Rinat Kitai-Sangero, The Protection of Free Choice and the Right to Passivity: Applying the Privilege Against Self-Incrimination to Physical Examinations and Documents’ Submission
- Yaniv Roznai, Who Will Save the Redheads? Towards an Anti-Bully Theory of Judicial Review and Protection of Democracy
- Mark Strasser, Unduly Burdening Abortion Jurisprudence
- Mark Anthony Frassetto, Judging History: How Judicial Discretion in Applying Originalist Methodology Affects the Outcome of Post-Heller Second Amendment Cases
- Andres Yoder, The Pure-Hearted Abrams Case
Notes
- Anna Pesetski, Deepfakes: A New Content Category for a Digital Age
- Alxis Rodis, 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
- Kira M. Simon, Unequal Protection: Rethinking the Standards and Safeguards for Absentee Ballot Schemes
Volume 29, Issue 1
Articles
- Joshua E. Weishart, Democratizing Education Rights
- Matthew Hall & Christian Turner, The Nature of Standing
- Steven W. Fitschen, From Civil Rights to Blackmail: How the Civil Rights Attorney’s Fees Awards Act of 1976 (42 U.S.C. 1988) has Perverted One of America’s Most Historic Civil Rights Statutes
- Adam B. Sopko, Second Amendment Background Principles and Heller‘s Sensitive Places
Notes
- Andrew Gardner, 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
- Aaron Pinsoneault, Free Speech, Strict Scrutiny, and a Better Way to Handle Speech Restrictions
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