Apr 26, 2022 | Article, Education Law, Ilhyung Lee, Law
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...
Mar 24, 2022 | Article, Constitutional Law, David H. Gans, Law
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...
Feb 28, 2022 | Article, Bill Watson, Book Review, Law
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,...
Feb 18, 2022 | Article, Author, Courts, John P. Collins Jr., Judges
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...
Feb 6, 2022 | Antitrust Law, Comment, Elizabeth I. Nielson
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...
Jan 14, 2022 | Article, Honorable Samuel A. Thumma, Marcus W. Reinkensmeyer
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...
Nov 8, 2021 | Benjamin A. Rice, Comment, Constitutional Law, Law, Second Amendment
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...
Nov 8, 2021 | Article, Constitutional Law, Mark A. Frassetto, Second Amendment, Supreme Court of the United States
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...
Nov 8, 2021 | Article, Constitutional Law, Libel, R. George Wright
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...
Sep 14, 2021 | Alexander J. Lindvall, Article, Civil Rights and Discrimination Law, Constitutional Law, Law and Gender, Law and Society
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...
