Our Principled Constitution
Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies,… Continue reading →
Volume 166 (2017-2018)
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Taxing the Gig Economy
Due to advances in technology like mobile applications and online platforms, millions of American workers now earn income through “gig”… Continue reading →
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Settling the Staggered Board Debate
We address the heated debate over the staggered board. One theory claims that a staggered board facilitates entrenchment of inefficient… Continue reading →
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Completely Exhausted: Evaluating the Impact of Woodford v. Ngo on Prisoner Litigation in Federal Courts
On June 22, 2006, the Supreme Court decided an unglamorous administrative exhaustion case involving the ability of prisoners to bring… Continue reading →
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Sufficiently Criminal Ties: Expanding VAWA Criminal Jurisdiction for Indian Tribes
American Indian and Alaska Native women face the highest rates of sexual assault of any group in the United States,… Continue reading →
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The Illusory Coverage Doctrine: A Critical Review
How should a court handle a liability insurance policy sold to a tavern that purports to cover general commercial liability,… Continue reading →
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Incredible Women: Sexual Violence and the Credibility Discount
Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over… Continue reading →
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Pandora’s Digital Box: The Promise and Perils of Digital Wallets
Digital wallets, such as ApplePay and Google Pay, are smart payment devices that can integrate payments with two‐way, realtime communications… Continue reading →
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Tiers for the Establishment Clause
When compared with other constitutional doctrines, Establishment Clause doctrine is confused and anomalous, both substantively and with regard to standing.… Continue reading →