issue 2, article 10
issue 2, article 9
The Press Clause Needs Teeth: The Case for Strengthening Constitutional Press Protections at Protests
By Ryan Liston. Full Text. Journalists and the government have often had a tense relationship because of journalism’s watchdog role. In recent years, that tension has reached a boiling point. Law enforcement arrested journalists at an unprecedented rate in 2020, primarily while they were covering racial justice protests after Minneapolis police officer Derek Chauvin murdered…
Continue ReadingSidestepping the Escherian Stairwell: Explicit Establishment as a Method for Circumventing Qualified Immunity’s Constitutional Stagnation
By Earl Y. Lin. Full Text. In recent years, the doctrine of qualified immunity (QI) has gained increased prominence in the public consciousness. Prior to the murder of George Floyd and the resulting nationwide racial justice protests and uprisings, this Supreme Court–made doctrine—and the ways it shields law enforcement officers from legal accountability—was a relatively…
Continue ReadingBanishing Federal Overstep: Why Protecting Tribal Sovereignty Justifies a Narrow Reading of the Indian Civil Rights Act
By Randa Larsen. Full Text. At the heart of this Note is the need to preserve Tribal sovereignty. This Note focuses on a lesser-known issue currently being debated in circuit courts: whether Tribes should be permitted to banish Tribal members from their ranks without submitting to the scrutiny of federal courts. Recently, there has been…
Continue ReadingPhysicians Spreading Medical Misinformation: The Uneasy Case for Regulation
By Richard S. Saver. Full Text. Physicians have played a surprisingly prominent role in the current “infodemic” of false and misleading medical claims. Yet, state medical boards, the governmental agencies responsible for professional licensure and oversight, have sanctioned remarkably few physicians. Pushing back against the widespread criticism of medical boards for insufficient action, this Article…
Continue ReadingThe Algorithmic Explainability “Bait and Switch”
By Boris Babic and I. Glenn Cohen. Full Text. Explainability in artificial intelligence and machine learning (AI/ML) is emerging as a leading area of academic research and a topic of significant regulatory concern. Increasingly, academics, governments, and civil society groups are moving toward a consensus that AI/ML must be explainable. In this Article, we challenge…
Continue ReadingJust Extracurriculars?
By Emily Gold Waldman. Full Text. Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools—Kennedy v. Bremerton School District (2022) and Mahanoy Area…
Continue ReadingBanking Deserts, Structural Racism, and Merger Law
By Christopher R. Leslie. Full Text. Roughly seventy million Americans cannot access a bank account or traditional financial services. Many of these individuals live in a “banking desert”—a town or community that has neither an independent bank nor a branch office of a larger bank. The United States has over 1,100 banking deserts, with another…
Continue ReadingThe Virtuous Executive
By Alan Z. Rozenshtein. Full Text. As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the…
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