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,...
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 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...
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...
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...
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...
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...
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...
