ARTICLES
The Last Plank: Rethinking Public and Private Power to Advance Fair Housing
Olatunde Johnson
More Intelligent Design: Testing Measures of Merit
Kimberly West-Faulcon
Deportation Is Different
Peter L. Markowitz
WINNER OF THE AMERICAN CONSTITUTION SOCIETY’S NATIONAL WRITING COMPETITION
From the Shores of Tripoli to the Deserts of Iraq: Congress and the President in Offensive and Defensive Wars
Alex J. Whitman
COMMENTS
Helling Revisited: Is [...]
ARTICLES
When Statutory Regimes Collide: Will Citizens United and Wisconsin Right to Life Make Federal Tax Regulation of Campaign Activity Unconstitutional?
Miriam Galston
Reframing the Fair Cross Section Amendment
Sanjay K. Chhablani
Judicial Recusal and Expanding Notions of Due Process
Andrey Spektor & Michael Zuckerman
Links: Preserving First Amendment Values on the Internet
Anjali Dalal
COMMENTS
Searching for the Civil Gideon: Procedural Due Process and [...]
Volume 14, Issue 1
Carlos A. Ball – Rutgers University School of Law
“Why Liberty Judicial Review is as Legitimate as Equality Review: The Case of Gay Rights Jurisprudence”
Professor Carlos A. Ball is Professor of Law and Judge Frederick Lacey Scholar at Rutgers University School of Law (Newark). His article, “Why Liberty Judicial Review is as Legitimate as Equality [...]
Articles
Why Liberty Judicial Review Is as Legitimate as Equality Review: The Case of Gay Rights Jurisprudence
Carlos A. Ball
Contempt of Congress v. Executive Privilege
Todd David Peterson
Beyond Judicial Activism: When the Supreme Court Is No Longer a Court
Margaret L. Moses
Pretrial Ineffective Assistance
Justin M. Marceau
The Kids Are Online: The Internet, the Commerce Clause, and the Amended Federal Kidnapping [...]
Articles
The Facts About Ring v. Arizona and the Jury’s Role in Capital Sentencing
Sam Kamin & Justin Marceau
Teaching Values, Teaching Stereotypes: Sex Ed and Indoctrination in Public Schools
Jennifer S. Hendricks & Dawn Howerton
Partial Constitutional Amendments
Rosalind Dixon
“Hostile Indian tribes . . . outlaws, wolves, . . . bears . . . grizzlies and things like that?” How the Second Amendment and Supreme Court Precedent Target Tribal Self-Defense
Ann Tweedy
Comments
Computer Searches [...]
SYMPOSIUM
THE JUDICIARY AND THE POPULAR WILL
Does Public Opinion Influence the Supreme Court? Possibly Yes (But We’re Not Sure Why)
Lee Epstein & Andrew D. Martin
The Majoritarian Difficulty and Theories of Constitutional Decision Making
Michael C. Dorf
Low Stakes and Constitutional Interpretation
Adam M. Samaha
Constitutional Stability and the Deferential Court
Sonia Mittal & Barry R. Weingast
The Countermajoritarian Opportunity
John Ferejohn & [...]
ARTICLES
The Original Scope of the Congressional Power to Regulate Elections
Robert G. Natelson
“A More Majestic Conception”: The Importance of Judicial Integrity in Preserving the Exclusionary Rule
Robert M. Bloom & David H. Fentin
Judging Darwin: Understanding the New Distributive Model of Evolution Instruction
Louis J. Virelli III
“A Special Class of Persons”: Pregnant Women’s Right to Refuse Medical Treatment After Gonzales v. [...]
ARTICLES
Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits
Rob Frieden
State Constitutionalism and the Right to Health Care
Elizabeth Weeks Leonard
ESSAY
“There Must Be a Means”-The Backward Jurisprudence of Baze v. Rees
Nadia N. Sawicki
WINNER OF ACS’S NATIONAL STUDENT WRITING COMPETITION
Doninger v. Niehoff: An Example of Public Schools’ [...]
IN MEMORIAM
C. Edwin Baker, 1947-2009
ARTICLES
The Brandenburg Paradigm and Other First Amendments
Steven G. Gey
James Wilson and the Scottish Enlightenment
William Ewald
Hate Speech and Government Speech
Charlotte H. Taylor
COMMENTS
To Stop or Not to Stop: The Application or Misapplication of Hensley to Completed Misdemeanors
Cecilia R. Byrne
Winning the Housing Lottery: Changing University Housing Policies for Transgender [...]
ARTICLES
Private Vengeance and the Public Good
Michael Edmund O’Neill
Veteran Police Officers and Three-Dollar Steaks: The Subjective/Objective Dimensions of Probable Cause and Reasonable Suspicion
Kit Kinports
Achieving Due Process through Comprehensive Care for Mentally Disabled Parents: A Less Restrictive Alternative to Family Separation
Orly Rachmilovitz
COMMENTS
An Unbalanced Standard: Search and Seizure of Electronic Data Under the Border Search [...]
