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The “Divisive Concepts” Laws and Americans of Asian Descent

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...

Reproductive Originalism: Why the Fourteenth Amendment’s Original Meaning Protects the Right to Abortion

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...

The Decline of Natural Law and the Rise of Exclusive Positivism

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,...

A “Second-Class Right” For “Second-Class Citizens”

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...

When “One Step” is a Leap: Examining the Fifth Circuit’s Correct Interpretation of the Federal Sentencing Guidelines

Nov 17, 2020 | Brooke Vaydik, Case Note, Criminal Law, Criminal Sentencing, Law

By Brooke Vaydik In her Case Note, Brooke Vaydik examines the Fifth Circuit’s recent decision in US v. Eaden, and argues that the Federal Sentencing Guidelines should be interpreted narrowly. Download the full article (PDF) here. Hein | Lexis Recommended...

Against the Status Crimes Doctrine

Sep 8, 2020 | Case Note, Constitutional Law, Criminal Law, Eighth Amendment, Law, West Menefee Bakke

By West Menefee Bakke In his Case Note, West Menefee Bakke critiques the 9th Circuit’s recent opinion extending the status crimes doctrine to homelessness and argues that the status crimes doctrine ought to be abandoned in its entirety. Download the full article...

Taxation as a Site of Memory: Exemptions, Universities, and the Legacy of Slavery

Aug 27, 2020 | Book Review, Bridget J. Crawford, Law, Law and Race, Tax Law

By Bridget J. Crawford In her review of Professor Lolita Buckner Inniss’s The Princeton Fugitive Slave: The Trials of James Collins Johnson, Professor Crawford examines the role that tax law plays in perpetuating institutional racism. Download the full article...

Stare Decisis and the Identity-Over-Time Problem: A Comment on the Majority’s Wrongness in Kisor v. Wilkie

Aug 25, 2020 | Administrative Law, Article, Christian Talley, Law, Supreme Court of the United States

By Christian Talley Abstract In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under which courts defer to agencies’ interpretations of their own ambiguous regulations—so-called Auer or Seminole Rock deference. In its prior...

The Trump Administration Should Have Attorney Whistleblowers

Aug 19, 2020 | Article, Carliss N. Chatman, Law, Legal Ethics and Professional Responsibility, Legal Profession, President/Executive Department

By Carliss N. Chatman In her Article, Professor Chatman examines the actions of Attorney General Bill Barr and White House Counsel Pat Cipollone through the prism of the ethical rules governing attorney conduct. Download the full article (PDF) here. Hein | Lexis...

Diploma Privilege and the Constitution

May 14, 2020 | Article, Collaboratory on Legal Education and Licensing for Practice, Constitutional Law, Law, Legal Education, Legal Profession

By the Collaboratory on Legal Education and Licensing for Practice Members: Claudia Angelos (New York University); Sara Berman (AccessLex Institute); Mary Lu Bilek (City University of New York); Carol L. Chomsky (University of Minnesota); Andrea Anne Curcio (Georgia...
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  • The “Divisive Concepts” Laws and Americans of Asian Descent
  • Reproductive Originalism: Why the Fourteenth Amendment’s Original Meaning Protects the Right to Abortion
  • The Decline of Natural Law and the Rise of Exclusive Positivism

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