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One of the most perilous pitfalls of constitutional criminal procedure scholarship is the inexact treatment of race vis‐a‐vis the Sixth… Continue reading →

To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms… Continue reading →

Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important… Continue reading →

Individuals should have the option to waive their Second Amendment rights to keep and bear arms by adding their names… Continue reading →

Scholars and experts generally agree that rigorous enforcement of internal regulations within a police department promotes constitutional policing by deterring… Continue reading →

A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of… Continue reading →

U.S. technology companies are increasingly standing as competing power centers that challenge the primacy of governments. This power brings with… Continue reading →

The #MeToo movement has failed to consider the plight of America’s most at‐risk populations suffering unabated sexual abuse: incarcerated women.… Continue reading →

The digitization of discovery has created new data security threats to parties’ proprietary data from third parties. The transfer of… Continue reading →

The threshold question for all originalist methodologies concerns the original communicative content of the words of the Constitution. For too… Continue reading →