Recent Articles
Post-pandemic Recommendations: COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup
By: Honorable Samuel A. Thumma, Marcus W. Reinkensmeyer In this report, the COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup (Plan B Workgroup) makes recommendations about best practices and technologies that should be retained or...
The Nonracist and Antiracist History of Firearms Public Carry Regulation
By: Mark A. Frassetto This term, the Supreme Court will consider New York State Rifle & Pistol Ass’n v. Bruen, a Second Amendment challenge to New York State’s concealed carry weapon licensing system. Bruen is the first major Second Amendment case that the Court...
How to Do Surgery on the Constitutional Law of Libel
By: R. George Wright Of late, the constitutional law of libel has become the focus of increasing dissatisfaction. This dissatisfaction has taken various forms. The argument below, however, is that the most crucial defect of constitutional libel law lies in the Court’s...
Texas, Abortion, and State Action
By: Alexander J. Lindvall The Texas Legislature recently passed what the Supreme Court describes as an “unprecedented” statutory scheme. Texas’s new law allows private, everyday citizens to sue anyone who assists a woman in obtaining an abortion after her sixth week...
Suing Texas State Senate Bill 8 Plaintiffs Under Federal Law for Violations of Constitutional Rights
By: Anthony J. Colangelo Many people are deriding (or celebrating) the exceptional—and exceptionally deceptive—device of the Texas legislature to so-called “deputize” private individuals as government enforcement agents to carry out a state anti-abortion law that, at...
The Texas Legislature Has Significantly Broadened the Statute Governing Recovery of Attorney’s Fees in Breach of Contract Cases
By: West Menefee Bakke and Gregory Scott Crespi Texas recently enacted amendments that significantly expand the scope of section 38.001 of the Texas Civil Practice & Remedies Code, a statute that awards attorney’s fees to successful claimants in breach of contract...
Recent Student Work
A “Second-Class Right” For “Second-Class Citizens”
By: Benjamin A. Rice In McDonald v. City of Chicago, the Supreme Court countenanced against treating the Second Amendment as a “second-class right.” Against this admonition, congressional defunding of federal restorative programs has rendered the amendment a...
Civil Conspiracy—Holding College Officials Accountable
By Landon Mignardi College sports have always been somewhat marred by controversy—whether it be point shaving, paying off players, or academic fraud—as the money to be made from college sports and the overwhelming desire to win has always seemed to generate...
The Uncertain Future of the Fair Housing Act: HUD’s Recent Changes to Disparate Impact Standard
By Leah Powers In her Comment, Leah Powers examines the similarities and differences between the disparate impact standard in the Department of Housing and Urban Development's 2013 Disparate Impact Final Rule and the standard set forth in the 2020 new Final Rule....
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