Losing the Right to Counsel
Under the Sixth Amendment, a criminal defendant has both the right to counsel and the right to represent himself. These… Continue reading →
Constitutional Law
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T.L.O. Goes Home
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in… Continue reading →
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Outcome Reasons and Process Reasons in Normative Constitutional Theory
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →
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Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →
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We’re All Born Naked and the Rest Is Speech
As the antitransgender moral panic reaches a fever pitch, transgender civil rights are becoming increasingly fragile. A potential legal defense… Continue reading →
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Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
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The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →
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Clarifying Judicial Aggrandizement
Scholars argue that the Roberts Court has been engaged in a judicial “power grab.” Some scholars describe the Court as… Continue reading →