Recent Articles
The “Divisive Concepts” Laws and Americans of Asian Descent
By: Ilhyung Lee In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be “critical race theory,” once a theory advanced in legal academia that has now...
Reproductive Originalism: Why the Fourteenth Amendment’s Original Meaning Protects the Right to Abortion
By: David H. Gans The conventional wisdom among conservative originalists is that Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are abominable rulings unmoored from the text and history of the Constitution. In the eyes of conservative...
The Decline of Natural Law and the Rise of Exclusive Positivism
By: Bill Watson Stuart Banner’s The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped addresses a “fundamental change in American legal thought that took place in the late 19th and early 20th centuries.” Prior to this change,...
Judging Biden
By: John P. Collins, Jr. It would have been easy for President Joe Biden to approach judicial appointments (and, particularly, circuit court appointments) the same way as the Administration he served as Vice President. Like President Obama, President Biden inherited a...
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...
Recent Student Work
Dislike: Facebook’s Anticompetitive Monopoly on Social Media and Why U.S. Antitrust Laws Must Adapt to the Technological Era
By: Elizabeth I. Nielson Although Facebook started as a way to connect with college classmates, it has grown into one of the largest technology companies in the world. Facebook is no longer solely a way to connect with classmates. Instead, it is the powerhouse of...
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...
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