United States v. Hill
Since 1995, the contours of Congress’s Commerce Clause power have been undergoing a makeover. In United States v. Lopez126×126. 514 U.S. 549 (1995). and United States v. Morrison,127×127. 529 U.S. 598...
View ArticleFowler v. Benson
Michigan law imposes fines for traffic violations, which, if unpaid, can result in a suspended license or even jail time.37×37. Mich. Comp. Laws §§ 257.907(11)–(13), 257.321a(1) (2006). The fines can...
View ArticleImplicit Bias in the Age of Trump
The full text of this Book Review may be found by clicking on the PDF link to the left. Introduction I am watching a video of Donald Trump, the forty-fifth President of the United States. He stands...
View ArticleUnited States v. Sineneng-Smith
Among the “historic and traditional”1067×1067. Simon & Schuster, Inc. v. Members of the N.Y. State Crime Victims Bd., 502 U.S. 105, 127 (1991) (Kennedy, J., concurring in the judgment)....
View ArticleTrump v. Mazars USA, LLP
President Trump has shown unprecedented resistance to congressional oversight.966×966. See, e.g., Seung Min Kim & Rachael Bade, Trump’s Defiance of Oversight Presents New Challenge to Congress’s...
View ArticleNew York State Rifle & Pistol Ass’n v. City of New York
After the grand but doctrinally vacant pronouncements of District of Columbia v. Heller881×881. 554 U.S. 570 (2008). and McDonald v. City of Chicago,882×882. 561 U.S. 742 (2010). the Supreme Court...
View ArticleKansas v. Glover
The Supreme Court once considered “reasonable suspicion” to be “one of the relatively simple concepts embodied in the Fourth Amendment.”779×779. United States v. Sokolow, 490 U.S. 1, 7–8 (1989). Yet...
View ArticleDemands for a Democratic Political Economy
Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the...
View ArticleThe Age of the Winning Executive: The Case of Donald J. Trump
Introduction The election of Donald J. Trump, although foretold by Matt Groening’s The Simpsons,498×498. See The Simpsons: Bart to the Future (Fox Broad. Co. television broadcast Mar. 19, 2000). was a...
View ArticleTesting Ordinary Meaning
The full text of this Article may be found by clicking on the PDF link to the left. This Article is accompanied by an Appendix detailing the experiments, data, and analysis detailed therein. Within...
View ArticleJudicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
The Takings Clause protects against governmental takings of property without just compensation.254×254. U.S. Const. amend. V. Traditionally, takings claims have not expanded beyond actions performed by...
View ArticleState Courts and the Federalization of Arbitration Law
Introduction In matters involving commercial arbitration, the nation’s laboratories of democracy have been shut down. The Supreme Court’s string of sweeping preemption decisions concerning § 2 of the...
View ArticleLiberian Community Ass’n of Connecticut v. Lamont
Through the doctrine of qualified immunity, courts delineate the boundaries of acceptable official conduct. By asking whether an official violated a constitutional right and whether that right was...
View ArticleWashington Post v. McManus
Congress passed § 230 of the Communications Decency Act of 19961×1. 47 U.S.C. § 230. to reduce internet intermediaries’ liability for third-party content.2×2. See Eric Goldman, Essay, Why Section 230...
View ArticleBaten v. McMaster
The American presidential election process is curiously composed of two elections: a widely publicized election in which the general public is allowed to participate and another one in which obscure...
View ArticleUnited States v. Rosemond
“The Sixth Amendment . . . grants to the accused personally the right to make his defense.”1×1. Faretta v. California, 422 U.S. 806, 819 (1975). But to what extent does a defendant give up the...
View ArticleRace-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v....
The full text of this Article may be found by clicking on the PDF link to the left. Amidst a raft of major Supreme Court decisions, a relatively quiet concurrence has planted the seeds for what may...
View ArticleReframing the Harm: Religious Exemptions and Third-Party Harm After Little...
Free exercise is a constitutionally protected right that can support special accommodations or exemptions for religious adherents. But religious freedom does not operate in a vacuum; often it can bump...
View ArticleIntroduction
Americans have no universal, legal right to healthcare.1×1. See Amanda Mull, What It Means for Health Care to Be a Human Right, The Atlantic (June 26, 2019, 12:11 PM),...
View ArticleWilson v. Houston Community College System
The internal disciplinary practices of legislatures have a long history rooted in the Anglo-American tradition of legislative independence. One disciplinary measure is a reprimand, typically called a...
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