Note: Native American Rape Victims: Desperately Seeking an Oliphant-Fix
By Marie Quasius. Full text here. Native American women suffer sexual assault at a much higher rate and with more serious consequences than any other racial or ethnic group in the United States. Further, such rapes are overwhelmingly committed by individuals outside the Native American community. Most non-Indian perpetrators, however, go unpunished. The Supreme Court decision…
Continue ReadingNote: Murder and the Military Commissions: Prohibiting the Executive's Unauthorized Expansion of Jurisdiction
By Joseph C. Hansen. Full text here. When Congress passed the Military Commissions Act of 2006 (MCA) to create a military commission system to try detainees held at Guantánamo Bay, it granted the Secretary of Defense the authority to detail the procedural and evidentiary rules. In response, the Secretary promulgated the Manual for Military Commissions (MMC),…
Continue ReadingShaping Supreme Court Policy Through Appointments: The Impact of a New Justice
By Charles Cameron & Jee-Kwang Park, with Deborah Beim. Full text here.
Continue ReadingWartime Judgments of Presidential Power: Striking Down but Not Back
By William G. Howell. Full text here.
Continue ReadingThe Fatally Flawed Theory of the Unbundled Executive
By Steven G. Calabresi & Nicholas Terrell. Full text here.
Continue ReadingDisappearing Districts: Minority Vote Dilution Doctrine as Politics
By Terry Smith. Full text here.
Continue ReadingDefacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court's Recent Election Law Decisions
By Nathaniel Persily & Jennifer S. Rosenberg. Full text here.
Continue ReadingWithdrawal: The Roberts Court and the Retreat from Election Law
By Ellen Katz. Full text here.
Continue ReadingShortcuts to Reform
By Heather K. Gerken. Full text here.
Continue ReadingHear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench?
By Timothy R. Johnson, Ryan C. Black, & Eve M. Ringsmuth. Full text here.
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