Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →
Volume 160 (2011-2012)
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Construing Crane: Examining How State Courts Have Applied its Lack-of-Control Standard
The Supreme Court recently upheld the constitutionality of a federal statute that authorizes the Department of Justice to civilly commit… Continue reading →
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Freedom for the Press as an Industry, or For the Press as a Technology? From the Framing to Today
“[T]he freedom . . . of the press” specially protects the press as an industry, which is to say newspapers,… Continue reading →
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Pills and Partisans: Understanding Takeover Defenses
Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on such… Continue reading →
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Navigating a Legal Dilemma: A Student’s Right To Legal Counsel In Disciplinary Hearings for Criminal Misbehavior
In recent years, school violence has repeatedly shocked the immediately affected communities and the entire country. While the shootings at… Continue reading →
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Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
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Prison Vouchers
School vouchers have been proposed as a way to bypass the political pathologies of school reform and improve school quality… Continue reading →
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Chevron Corp. v. Berlinger and the Future of the Journalists’ Privilege for Documentary Filmmakers
The documentary film Crude, directed by award-winning filmmaker Joseph Berlinger, tells the story of a class action lawsuit brought by… Continue reading →
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Allocating the Costs of Harm to Whom They Are Due: Modifying the Collateral Source Rule after Health Care Reform
For decades, the collateral source rule has been a target of tort reform on both state and national levels.1 The… Continue reading →