Online Edition
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Recovering from Rucho: How States Can Create National Partisan Fairness
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Rucho v. Common Cause and the failure to pass H.R. 1 have left national gerrymandering reform on life support. At present, however, states committed to creating fair maps limit themselves to considering their own political makeup when doing so.
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Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
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The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would allow it to perform its duties under its own, exclusive control. The Framers solved this problem by drafting the Enclave Clause, which established federal “enclaves” where neither state action nor inaction could interfere with federal business.
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What’s Left of the Suspension Clause After Jones v. Hendrix?
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In 2000, Marcus DeAngelo Jones was convicted of two counts of unlawful possession of a firearm. As a convicted felon, Jones was prohibited from possessing a firearm under federal law. Yet Jones mistakenly believed that his felony convictions had been expunged and that he was able to purchase and possess a gun. He had cleared two background checks, one run
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Contingent Fees and Access to Justice
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In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford a lawyer, even when they have
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Sandbagging the Unsophisticated Seller: Arwood v. AW Site Services, LLC
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In Arwood v. AW Site Services, LLC, the Delaware Court of Chancery sought to resolve the question raised in Eagle Force Holdings, LLC v. Campbell as to whether the common …
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Standardizing Appeals From Domestic Dependent Sovereign Courts
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The U.S. Supreme Court’s historic decision in McGirt v. Oklahoma held that much of northeastern Oklahoma is Native American land. As a result, the State of Oklahoma had to transfer …
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When to Admit Art as Evidence
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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 of a criminal trial. Young Thug …
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Why U.S. States Need Their Own Cannabis Industry Banks
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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 once. As such, it is easy …
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Lessons Learned in Prison
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One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching comfort zone by trying something completely…
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Stalwarts of Stare Decisis: Lessons From Early Supreme Court Reporters for the Digital Age
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Introduction As a young nation, the United States maintained a common law legal system transplanted from England.[2] Common law legal systems are defined by stare decisis, meaning “to stand by things decided.”[3] In other words, judges are expected to apply prior rulings to like cases in like manner. This ensures “the evenhanded, predictable, and consistent development of legal principles, fosters…