Articles, Essays, & Tributes
States as Shields
By LINDSAY F. WILEY. Full Text. State laws that aim to shield providers of reproductive health and gender-affirming care from the punitive actions of out-of-state officials raise thorny questions. Can the federal courts, Congress, or the Trump Administration require New York officials to enforce a Texas ban on abortion or gender-affirming care against a New…
AI Companions and the Lessons of Family Law
By CLARE HUNTINGTON. Full Text. Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental…
The Good, the Bad, and the Ugly: A Comparative Constitutional Analysis of Whistleblowing Speech, the Government’s Managerial Domain, and the Imperatives of Democratic Self-Government
By RONALD J. KROTOSZYNSKI, JR. Full Text. Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees’ speech about matters of public concern, the U.S. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series…
Securitizing the University
By MARYAM JAMSHIDI. Full Text. Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated…
Notes
Bare Analysis: Prison Visitor Strip and Body-Cavity Searches and Federal Courts’ Insufficient Fourth Amendment Analysis
By TRISTEN LINDELL. Full Text. Strip and body-cavity searches are among the most egregious invasions of personal privacy that the government can impose. The Fourth Amendment, as interpreted by the Supreme Court, demands that courts thoroughly analyze these searches. Courts must consider not only the suspicion that warranted the search, but the way the search…
“Pollution Does Not [sic] Discriminate”: Louisiana v. EPA, Disparate Impact, and the Fight for Environmental Justice in a Hostile Climate
By NAOMI BRIM. Full Text. Human-induced climate change hurts people. Environmental burdens impact a person’s ability to live freely, in good health, and with loved ones. And in the United States, people in positions of political authority and decision-making—who are predominantly white and high-income—use the legal system to push environmental harms disproportionately onto low-income, Black,…
The Penalty Is Declined: The NFL’s Exclusive Streaming Agreements and the Limits of Antitrust Law
By WILLIAM HOLT. Full Text. The National Football League’s (NFL) decision to grant NBCUniversal’s Peacock streaming service exclusive rights to carry the 2023–24 wild-card matchup between the Kansas City Chiefs and the Miami Dolphins signaled a major shift in the league’s media distribution strategy. Football fans that had long depended on free, over-the-air broadcasts for…
Headnotes
Commodification, Precarity, and Identity: A Review of Professor Bridget Crawford’s Taxing Sugar Babies
By TESSA DAVIS. Full text.
The Liminality of Transactional Relationships
By VICTORIA J. HANEMAN. Full Text.
Tax Talk and Taxing Sugar Babies
By BLAINE G. SAITO. Full Text.
John Roberts’ Supreme Court: The Triumph of Partisanship and Ideology Over Precedent
By DAVID SCHULTZ & JACOB BOURGAULT. Full Text.
Critical Curriculum Design: Teaching Law in an Age of Rising Authoritarianism
By RACHEL LÓPEZ. Full Text.
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
BAD INFLUENCES: WEIGHING SEPARATION OF POWERS PRINCIPLES AGAINST CALLS FOR TRANSPARENCY FOLLOWING “LAPSES” IN JUDICIAL ETHICS
By: Bridget Hoffmann, Vol. 106 Staff Member In his 2021 Year-End Report on the Federal Judiciary, Chief Justice John Roberts emphasized the importance of maintaining judicial independence[1] in response to public criticism and calls to impose “ethics and transparency measures” on the federal courts.[2] The…
BIDEN’S EMERGENCY RULE RAISES FUNDAMENTAL POLICY ISSUES REGARDING THE ADMINISTRATIVE STATE AND ITS EXPANSIVE POLICYMAKING ROLE
By: Mark Kaske, Volume 106 Staff Member “Stop the spread” has been the rally cry across the world since Covid-19 originated in Wuhan, China in December 2019.[1] Just how to achieve this goal, however, has been a controversial and polarizing debate. In the past two…
MINNESOTA DNR’S SEPT. 16, 2021 LINE 3 ENFORCEMENT ACTION DEMONSTRATES HOW MUCH GROUNDWATER PERMITTING “SUCKS”
By: Sonja Smerud, Volume 106 Staff Member Enbridge Energy’s Line 3 Pipeline, a replacement project for the delivery of crude oil from Canada to a processing facility in Superior, Wisconsin, was recently completed despite extensive opposition.[1] In September 2021 shortly before completion, the Minnesota Department…
#FREEBRITNEY: BRINGING ATTENTION TO A “TOXIC” SYSTEM OF CONSERVATORSHIP
By: Zack Hennen, Volume 106 Staff Member After months of legal deliberation, family infighting, and a full-blown pop culture movement, Britney Spears was released from her “Toxic”[1] thirteen-year conservatorship earlier this month.[2] Britney was placed under conservatorship in 2008 after a lengthy record of controversy…
TAXING BILLIONAIRES AND THE CONUNDRUM OF CONSTITUTIONAL INCOME
By: Sadie Betting, Volume 106 Staff Member In March 2020, the United States had 614 billionaires.[1] By October of this year, it had 745.[2] Since the beginning of the COVID-19 pandemic, the ultra-wealthy have grown their fortunes by $2.1 trillion,[3] or roughly half of what…
ROE V. A TECHNICALITY: HOW PROCEDURAL DECISIONS WILL BRING ABOUT THE END TO CONSTITUTIONALLY PROTECTED ABORTION RIGHTS
By: Leah Reiss, Volume 106 Staff Member For forty-eight years now, the Supreme Court has recognized that the Constitution protects “a woman’s[1] right to terminate her pregnancy before viability.”[2] Though subsequent decisions have narrowed that right, it still exists to this day.[3] Most Americans believe…
ROE AND CASEY UNDER ATTACK: WILL THE SUPREME COURT OVERTURN LANDMARK ABORTION PRECEDENT IN DOBBS V. JACKSON WOMEN’S HEALTH ORGANIZATION?
By: Theresa Green, Volume 106 Staff Member On December 1, 2021, the Supreme Court will hear oral arguments for Dobbs v. Jackson Women’s Health Organization, the first major abortion-related case since Justices Brett Kavanaugh and Amy Coney Barrett joined the Court.[1] The case involves a…
CATEGORICALLY INSUFFICIENT: THE U.S. SUPREME COURT MUST FIND ATTEMPTED HOBBS ACT ROBBERY IS NOT A “CRIME OF VIOLENCE” UNDER 18 U.S.C. § 924(c)(3)(A).
By: Michael Van Ryn, Volume 106 Staff Member In United States v. Taylor, the U.S. Supreme Court is presented with the question of whether an attempted robbery in violation of the Hobbs Act qualifies as a “crime of violence” under 18 U.S.C. § 924(c)(3)(A).[1] The…
LOCKED, LOADED, AND CONCEALED—THE SUPREME COURT’S FIRST GUN RIGHTS CASE IN A DECADE
By: Michael Kinane, Volume 106 Staff Member INTRODUCTION On November 3, 2021, the Supreme Court heard oral argument in New York State Rifle & Pistol Association, Inc. v. Bruen.[1] New York currently requires that applicants for conceal and carry firearm licenses show “proper cause” for…
THE CANINE MAGISTRATE: THE FOURTH AMENDMENT IMPLICATIONS OF WEAK ALERTS TO NARCOTICS IN VEHICLE SEARCHES
By: Chase Slasinski, Volume 106 Staff Member The use of dogs in policing is a practice that has existed in the United States for over a century.[1] Countless searches and seizures have been predicated on dogs’ detection of the faintest odors of illegal drugs, explosives,…
