Articles, Essays, & Tributes
Bankruptcy as a National Security Risk
By JASON JIA-XI WU. Full Text. Defense contractors lie at the heart of the U.S. national security regime. Each year, over half of the federal defense budget is allocated to contracts outsourcing military operations, projects, and services to private companies. However, defense outsourcing carries a ticking time bomb: mounting private debt. Today, the defense industry…
The Innocence Trap
By CAITLIN GLASS & JULIAN GREEN. Full Text. What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is…
Regulatory History and Judicial Review
By TODD PHILLIPS & ANTHONY MOFFA. Full Text. The Administrative Procedure Act (APA) requires federal agencies to simply “incorporate in the rules adopted a concise general statement of their basis and purpose” after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are…
The Crisis in U.S. Cancer Care: Law, Markets, and Privatization
By DANIEL G. AARON. Full Text. Cancer is surging among youth and young adults in the United States, yet, instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector. A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise…
The Poly Problem in Zoning: Redefining “Family” for a Changing Society
By ARIC SHORT & TANYA PIERCE. Full Text. Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group:…
Notes
Waging the Battle for Society’s Soul: The Constitutionality of Juvenile Transfer Legislation in the Wake of Jones v. Mississippi
By LOGAN KNUTSON. Full Text. Trying juvenile defendants as adults is a cruel, yet enduring practice in U.S. criminal law. If convicted, these youthful offenders face brutal conditions in adult prison and a lifelong stigma. Although these devastating consequences of conviction are readily apparent, juvenile transfer is insidious even absent a prison sentence or criminal…
The Skidmore Compromise: Interpreting Skidmore as a Tiebreaker to Preserve Judicial Wisdom in the Era of Loper Bright
By MITCHELL ZAIC. Full Text. ‘Law must be stable, and yet it cannot stand still.’ Here is the great antinomy confronting us at every turn. Rest and motion, unrelieved and unchecked, are equally destructive. The law, like human kind, if life is to continue, must find some path of compromise. – Judge Cardozo In the…
Headnotes
Volume 110: Fall Issue
Exceptional Cases
By EMILY CAUBLE. Full Text.
Machine Gun Funk: The Unusual Analysis of “Dangerous and Unusual”
By GREGORY S. PARKS & VIVIAN BOLEN. Full Text.
Nipping it in the Bud: The Promise and Perils of Tort Litigation in Addressing the Health Harms of High-THC Products
By REBEKAH NINAN. Full Text.
Volume 108: Symposium Supplement
A Great American Gun Myth: Race and the Naming of the “Saturday Night Special”
By Jennifer L. Behrens and Joseph Blocher. Full Text. At a time when Second Amendment doctrine has taken a strongly historical turn and gun rights advocates have increasingly argued that gun regulation itself is historically racist, it is especially important that historical claims about race…
Refining the Dangerousness Standard in Felon Disarmament
By Jamie G. McWilliam. Full Text. To some, 18 U.S.C. 922(g) is a necessary safeguard that keeps guns out of the hands of dangerous persons. To others, it strips classes of non-violent people of their natural and constitutional rights. This statute makes it a crime…
“Proven” Safety Regulations: Massachusetts 1805 Proving Law As Historical Analogue for Modern Gun Safety Laws
By Billy Clark. Full Text. Concerned by the public health threats posed by certain firearms, the Massachusetts legislature enacts a law to set safety standards for firearms in the Commonwealth. Firearm dealers across the State, including some of the leading manufacturers of the day, not…
Curbing Gun Violence Under PLCAA and Bruen: State Attorney General–Driven Solutions to the Surging Epidemic
By David Lamb. Full Text. At the same time that the deadly toll of gun violence continues to grow in the U.S., now taking nearly 50,000 lives per year, federal lawmakers and courts have increasingly constrained government authorities’ tools for fighting the epidemic. Pursuant to…
De Novo Blog
The Implications of Jennings v. Rodriguez on Immigration Detention Policy
The Implications of Jennings v. Rodriguez on Immigration Detention Policy By: Kelsey Lutz, Volume 103 Staff Member Alejandro Rodriguez, a Mexican citizen, came to the United States with his family as an infant.[1] He had been a lawful permanent resident of the United States for nearly twenty years…
Free to Drink Local?
Free to Drink Local? Supreme Court Will Decide Whether Liquor Retailer Durational Residency Requirements Are Valid By: Gina Tonn, Volume 103 Staff Member The maxim “Drink Local” is achievable for many beer and liquor connoisseurs these days.[1] But can state law require that consumers’ only option…
Proportional Representation
Proportional Representation: Ending Partisan Gerrymandering Without the Courts By: Aaron Stenz, Volume 103 Staff Member Representative democracy is as American as apple pie. It is enshrined in the foundational texts of our nation.[1] It is an abstract ideal and the functional foundation of our government, and…
Losing My Religion (and My Money)
Losing My Religion (and My Money): How the Church of Scientology Contractually Limits Its Ex-Members’ Ability to Fight the Church in Court By: Paige Papandrea, Volume 103 Staff Member The Church of Scientology enjoys an unsavory reputation with the general public, in part due to…
JUDICIAL RECUSAL IN THE POST-CITIZENS UNITED WORLD
JUDICIAL RECUSAL IN THE POST-CITIZENS UNITED WORLD By: Bryan Mette, Volume 103 Staff Member I. CITIZENS UNITED AND CAPERTON In 2010, the U.S. Supreme Court struck down federal limits on independent expenditures by corporations holding that it was unconstitutional under the First Amendment to prohibit political speech based…
ARE ALL DEFENDANTS “DEFENDANTS”?
ARE ALL DEFENDANTS “DEFENDANTS”? HOME DEPOT U.S.A., INC. V. JACKSON AND THE QUESTION OF THIRD-PARTY COUNTERCLAIM DEFENDANTS’ REMOVAL POWERS By: Travis Panneck, Volume 103 Staff Member The Supreme Court has granted certiorari to hear arguments in Home Depot U.S.A., Inc. v. Jackson.[1] The case has been described as “an…
Fourplex City
Fourplex City: Local Politics and Neighborhood Values By: Sarah Trautman, Volume 103 Staff Member In 2017, a super-liberal field of mayoral candidates split the Democratic-Farmer-Laborer party endorsement with vying platforms that each addressed affordable housing as a top issue.[1] Jacob Frey ultimately leveraged his track record…
Democratizing Democracy
Democratizing Democracy: A Private Right of Action Under the Help America Vote Act Would Improve Election Accuracy and Restore Voter Confidence By: Jack Davis, Volume 103 Staff Member Confidence that a person’s vote will be accurately and honestly recorded is confidence in democracy itself. The recount…
Men Fear False Allegations. Women Fear Sexual Misconduct, Assault, and Rape.
MEN FEAR FALSE ALLEGATIONS. WOMEN FEAR SEXUAL MISCONDUCT, ASSAULT, AND RAPE. By: Jackie Fielding, Volume 103 Staff Member “Why do men feel threatened by women?” . . . “They’re afraid women will laugh at them.” . . . “Why do women feel threatened by men?”…
Hi, Fidelity
‘Hi, Fidelity’: States’ Rights to Control Faithless Electors By: Tim Lovett, Volume 103 Staff Member Introduction The 2016 election had the most faithless electors of any presidential election in modern American history, with seven electors casting votes for individuals different from the candidates who won…
