Volume 46
2018-2019

issue 1

TABLE OF CONTENTS

ESSAY

Separating Fact From Fiction: The First Amendment Case for Addressing “Fake News” on Social Media by Michael K. Park

ARTICLES

The Unofficial Federal Officer by Megan M. McLaughlin

The Putative Problem of Pestersome Paupers: A Critique of the Supreme Court’s Increasing Exercise of Its Power to Bar the Courthouse Doors Against In Forma Pauperis Petitioners by Jared S. Sunshine

NOTES

The Outrageous Government Conduct Defense: An Interpretive Argument for Its Application by SCOTUS by Eve A. Zelinger

The President’s Role in the Administrative State: Rejecting the Illusion of “Political Accountability” by Kevin Bohm

Judges of Color: Examining the Impact of Judicial Diversity in the Equal Protection Jurisprudence of the United States Court of Appeals for the Ninth Circuit by Kristine L. Avena

No “Market” for Truth: The Weaknesses of Free Speech-Based Defenses to Credit Rating Industry Liability by Andy Carr

issue 2

TABLE OF CONTENTS

ESSAY

The Extraterritorial Reach of Tribal Court Criminal Jurisdiction by Grant Christensen

ARTICLES

Kennedy’s Legacy: A Principled Justice by Mitchell N. Berman & David Peters

Filling the Gap in the Efficiency Gap: Measuring Partisan Gerrymandering on a Per-District Basis by Richard E. Finneran & Steven K. Luther

NOTES

Waiving Goodbye to First Amendment Protections: First Amendment Waiver by Contract by Brittany Scott

Ghosting in Tax Law: Sunset Provisions and Their Unfaithfulness by Alli Sutherland

issue 3 - THE SYMPOSIUM ISSUE: Heller at ten

TABLE OF CONTENTS

ESSAYS

Corpus Evidence Illuminates the Meaning of Bear Arms
by
Dennis Baron

A Different Constitutionality for Gun Regulation by Lindsay Schakenbach Regele

Meritless Historical Arguments in Second Amendment Litigation by Mark Anthony Frassetto

A Secret Weapon?: Applying Privacy Doctrine to the Second Amendment by Jody Lyneé Madeira

ARTICLES

Reciprocal Concealed Carry: The Constitutional Issues by William D. Araiza

The Second Amendment as a Fundamental Right by Timothy Zick

NOTE

A Triggered Nation: An Argument for Extreme Risk Protection Orders by Caroline Shen

issue 4

TABLE CONTENTS

ESSAY

Adjudicating Dignity: Judicial Motivations and Justice Kennedy’s Jurisprudence of Dignity by Allyson C. Yankle and Daniel Tagliarina

ARTICLES

British Impeachments (1376 - 1787) and the Preservation of the American Constitutional Order by Frank O. Bowman, III

Abandoned or Unattended? The Outer Limit of Fourth Amendment Protection for Homeless Persons’ Property
by Tim Donaldson

NOTE

Protecting Native Women from Violence: Fostering State-Tribal Relations and the Shortcomings of the Violence Against Women Act of 2013 by Dayna Olson      


issue 1

FOREWORD

ESSAY

Should the Power of Presidential Pardon be Revised? by Budd N. Shenkin and David I. Levine

ARTICLES

Releasing the 1040, Not so EZ Constitutional Ambiguities Raised by State Laws Mandating Tax Return Release for Presidential Candidates by Matthew M. Ryan

The Unconstitutional Prosecution of Asylum-Seeking Parents Under Trump’s Family Separation by Sergio Garcia 

Rethinking Constitutional Interpretation to Affirm Human Rights and Dignity by Vincent J. Samar

NOTES

The Immigration Crisis in American Courts: Children Representing Themselves by Wendy Melissa Hernandez

Corporate Constituents: Corporations Have More Influence on the Federal Government than Real People Under Current U.S. Campaign Finance Regulations by Colin Schoell

ISSUE 2

FOREWORD

ARTICLES

Addiction and Expression by Luke Morgan

It’s a Blowhorn, Not a Dog-Whistle: How President Trump’s Travel Ban Orders, Not His Statements, Are Enough to Establish a Violation under the Religion Clauses by Charles Adside III

Constitutional Discourse and the Rhetoric of Treason by J. Richard Broughton

NOTES

The First Amendment and Modern Technology: The Free Speech Clause and Chatbot Speech by Hilda Kajbaf

ISSUE 3

FOREWORD

ARTICLES

Weeding Out Injustice: Amnesty for Pot Offenders by Mitchell F. Crusto

The Twenty-First Century Poll Tax by Ryan A. Partelow

NOTES

Expanding the Regulation of Online Speech through the Commerce Clause to Reduce Cyber Harassment by Katherine Parker

BOOK REVIEW

Toward Tax Reform That Mirrors Our Better Selves Book Review: Anthony C. Infanti, Our Selfish Tax Laws (2018) by Leo P. Martinez

ISSUE 4

FOREWORD

ARTICLES

Worse than Punishment: How the Involuntary Commitment of Persons with Mental Illness Violates the United States Constitution by Samantha M. Caspar and Artem M. Joukov

Comparative Cruelty: A Comparative Analysis of the Eighth Amendment to the United States Constitution and Section Nine of the New Zealand Bill of Rights Act by Carrie Leonetti

NOTES

You Don’t Have to Pay the Troll Toll: Antitrust Violations of Patent Assertion Entities and the Noerr-Pennington Doctrine “Sham Litigation” Exception by Katheryn M. Wenger

Neurodiversity in Public Schools: A Critique of Special Education in America by Pallavi M. Vishwanath

Volume 47
2019-2020


ISSUE 1

FOREWORD

ARTICLES

Black Lives Matter: Banning Police Lynchings by Mitchell F. Crusto

Driver’s License Suspensions for Nonpayments: A Discriminatory and Counterproductive Policy by Melissa Toback Levin

Furtive Blackness: On Blackness and Being by T. Anansi Wilson

The Strict Scrutiny of Black and BlaQueer Life by T. Anansi Wilson

NOTE

Exclusionary Zoning, School Segregation, and Housing Segregation: An Investigation into a Modern Desegregation Case and Solutions to Housing Segregation by Sara Zeimer

ISSUE 2

FOREWORD

ESSAYS

Against Equality: A Critical Essay for the NAACP and Others by Richard Delgado and Jean Stefancic

The Ideal and the Actual in Procedural Due Process by Norman W. Spaulding

NOTES

A Push for An Egalitarian Constitution by Richelle Joy Gernan 

American Imperialism in Hawai’i: How the United States Illegally Usurped a Sovereign Nation and Got Away With It by Noelani Nasser

ISSUE 3

FOREWORD 

ARTICLES

The Demographics of Death: An Early Look at COVID-19, Cultural and Racial Bias in America by Eddie Bernice Johnson and Lawrence J. Trautman

Recapturing Democracy: COVID-19 and the 2020 Presidential Election by John Taschner

How Does it Feel to be a Solution?: How South Asian Migration from 1885 to 1923 Created a Modern South Asian “Other” Used to Promote Conservative Rhetoric by Ayushi Neogi

ISSUE 4

FOREWORD

ARTICLES

Presidential Impunity and the Mueller Report: How the Department of Justice’s Failure to Subject the Special Counsel Regulations to Notice and Comment Undermined the Rule of Law by M. Akram Faizer

Disability Rights and The Louisiana Constitution by Derek Warden

Presidential Removal: Impeachment as a Tool to Promote Democracy in Haïti by Brynna Bolt

Volume 48
2020-2021