Archive
2023
Posts
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ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
ArticleVol. 101 · Iss. 2
Legal Ableism: A Systematic Review of State Termination of Parental Rights Laws
Although the fundamental right to raise a family is among our most cherished, it is not equally afforded to everyone. Indeed, the United States…
Robyn M. Powell -
ArticleVol. 101 · Iss. 2
The Common Ownership Tax Strategy
The recent mass shift by American retail investors into index funds has given rise to a modern form of common ownership. Significant stakes in…
Danielle A. Chaim -
CommentaryVol. 101 · Iss. 2
Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of…
Brandon Weiss -
NoteVol. 101 · Iss. 2
Fruit of the Poisonous Tree: Potential Eighth Amendment Protections for Inmates Subject to Sexual Victimization in the Post-Dobbs World
For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. But it is unclear…
Elena LeVan -
NoteVol. 101 · Iss. 2
Ditching “DNA on Demand”: A Harms-Centered Approach to Safeguarding Privacy Interests Against DNA Collection and Use by Law Enforcement
In February 2022, news broke that the San Francisco Police Department had used a woman’s DNA collected years prior—as part of a rape examination—to…
Emma Kenny-Pessia -
Online2023
When to Admit Art as Evidence
Jeffery Lamar Williams, better known as Young Thug, is the latest high-profile rapper to have his rap “lyrics” potentially entered into evidence as part…
Andrew Jensen Kerr -
Online2023
Why U.S. States Need Their Own Cannabis Industry Banks
The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least…
Christoph Henkel & Randall K. Johnson -
ArticleVol. 101 · Iss. 1
The Territories Under Text, History, and Tradition
In two of its major decisions in the 2021–2022 Term, New York State Rifle & Pistol Ass’n v. Bruen and Dobbs v. Jackson Women’s…
Andrew Willinger -
ArticleVol. 101 · Iss. 1
The Case Against Regional Transmission Monopolies
Over the next decade, the United States will need to build significant regional transmission infrastructure to achieve the country’s goal of net-zero power by…
Kristen van de Biezenbos -
ArticleVol. 101 · Iss. 1
The Prosecution Bar
The American legal profession needs a prosecution bar. Before lawyers are permitted to appear for the government in a criminal case, they should be…
William Ortman -
ArticleVol. 101 · Iss. 1
Judicial Moral Prophecy
American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again.…
Daniel B. Rice