Volume 45
2017-2018

Issue 1

TABLE OF CONTENTS

FOREWORD

Shining a Light on the Rights of the Most Vulnerable            by Shauna Marshall 

ARTICLES

Trumping Asylum: Criminal Prosecutions for "Illegal" Entry and Reentry Violate the Rights of Asylum Seekers                  by Natasha Arnpriester 

Silencing Talk About Race: Why Arizona's Prohibition of Ethnic Studies Violates Equality by M. Isabel Medina 

Lighting the Way Towards Liberty: The Right to Abortion After Obergefell and Whole Woman's Health by Erika Hanson 

NOTES

Protecting Our Defenders: The Need to Ensure Due Process for Women in the Military Before Amending the Selective Service Act by Kelsey L. Campbell

The Fragile Victory for Unaccompanied Children's Due Process Rights after Flores v. Sessions by Elizabeth P. Lincoln 

Johnson v. United States: The Impact on Texas' Habitual Offender Statute by Emily Frances Lynch 

Issue 2

TABLE OF CONTENTS

FOREWORD

Freedom of Speech Remains Superior to All Other Alternatives by David L. Faigman 

ESSAY

"And Yet It Moves"—The First Amendment and Certainty by Ronald K.L. Collins

ARTICLES

Speech on Campus: How America’s Crisis in Confidence Is Eroding Free Speech Values by Joseph Russomanno

Certainty and the Censor’s Dilemma by Robert Corn-Revere

Clash of the First and Second Amendments: Proposed Regulation of Armed Protests by Katlyn E. DeBoer

NOTE

Reviving the Voting Rights Act Post-Shelby County: A New Standard for Vote Denial and Voter ID Law Analysis Under Section Two by Elizabeth Cermak 

Issue 3

TABLE OF CONTENTS

ESSAYS

Federalism Friction in the First Year of the Trump Presidency by Vikram David Amar

Jeopardizing “Their Communities, Their Safety, and Their Lives”: Forced Concealed Carry Reciprocity’s Threat to Federalism by Hannah E. Shearer 

SYMPOSIUM: HATE SPEECH LAWS IN JAPAN

Preface by Setsuo Miyazawa

Striking the Right Balance: Hate Speech Laws in Japan, the United States, and Canada by Craig Martin

The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech by Hiroshi Fukurai and Alice Yang

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn a Careful Ban by Rory K. Little

Proceed with Caution: Hate Speech Regulation in Japan by Junko Kotani 

NOTE

Illuminating the DARK Act by Samantha Ricci

Issue 4

TABLE OF CONTENTS

ESSAYS

Emoluments, Zones of Interests, and Political Questions: A Cautionary Tale by Jed Handelsman Shugerman and Gautham Rao 

The President's Constitutional Responsibility to Confront Climate Change and Invest in Renewable Energy for National Security by Bishop Garrison 

ARTICLE

Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions by Bradley Raboin 

NOTES

Sex Offender Regulations and the Rule of Law: When Civil Regulatory Schemes Circumvent the Constitution by Ryan W. Porte 

How the Lone Star State's Refusal to Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever by Naomi Strauss 

RLUIPA and Method-of-Execution Claims After Glossip: The Free Exercise Exception to Glossip's Known-and-Available Alternative Requirement by Griffin Estes 

Volume 44
2016-2017

issue 1

ARTICLES

The American Bar Association's Criminal Justice Mental Health Standards: Revisions for the Twenty-First Century     by Christopher Slobogin 

Government Speech and Circumvention of the First Amendment  by Mark Strasser

Waiving Goodbye: In Memory of the Reasonable-Doubt Standard  by Steven Wall

NOTE 

Deciding with Dignity: The Terminally Ill Patient's Right to Information About the California End of Life Option Act     by Christine Sung

issue 2

ARTICLES

Agent Narc Is Not Your Client: Reflections on the Proper Understanding of the Relationship Between Prosecutors and Investigating Agencies  by Carrie Leonetti 

Dignity and the Death Penalty in the United States Supreme Court by Bharat Malkani 

NOTES

A Tipsy Balance: Dormant Commerce Clause Limits on a State's Prerogatives Under the Twenty-first Amendment by Sherry Truong

The Evolution of American Discovery in Light of Constitutional Challenges: The Role of the 2015 Rule Amendments to the Federal Rules of Civil Procedure               by Tom Lin

issue 3

ARTICLES

The 2016 Presidential Election: The Next Four Years and Beyond  by Dahlia Lithwick, Bertrall Ross, and Joan C. Williams

The Elephant in the Room: What Is a “Nonroutine” Border Search, Anyway? Digital Device Searches Post-Riley by Eunice Park

NOTES

Family Responsibilities Discrimination in the Public Sector: Maximizing the Use of Section 1983 to Enforce Constitutional Rights  by Stephanie Dominguez

Constitutional Protection for Future Generations from Climate Change  by Ylan Nguyen

Digitizing the Private Search Doctrine: Is a Computer a Container?  by Taylor J. Pfingst 

issue 4

ARTICLES

Allowing “Lawless Police Conduct” in Order to Forbid “Lawless Civilian Conduct”: The Court Further Erodes the Exclusionary Rule in Utah v. Strieff  by George M. Dery III

NOTES

The Reproducibility of Evolving Social Science Evidence and How It Shapes Equal Protection Jurisprudence by Penney P. Azizi

Constitutional Implication on Block Pricing in the California Water Market by Deeba Fahami

An Offensive Mark on Offensive Lines: The Question of Violating the First Amendment Through the Cancellation of the Washington Redskins’ Trademark  by Gabriela M. Kirkland 

Volume 43
2015-2016

Issue 1

ARTICLES

Why California's Second-Degree Felony-Murder Rule is Now Void for Vagueness     by Evan Tsen Lee

EMTALA: Medicare's Unconstitutional Condition on Hospitals  by E.H. Morreim

NOTES

Using the Endangered Species Act to Preempt Constitutional Challenges to GMO Regulation  by Caitlin Kelly-Garrick

"Hands Up, Don't Shoot:" Policing, Fatal Force, and Equal Protection in the Age of Colorblindness  by Zach Newman

The Reasonability of California Groundwater Policies in Light of the Drought  by Lindsey Pace

Issue 2

ARTICLES

Twenty-Week Abortion Statutes: Four Arguments                   by Randy Beck

The Process of Marriage Equality  by Josh Blackman & Howard M. Wasserman

Meyer, Pierce, and the History of the Entire Human Race: Barbarism, Social Progress, and (the Fall and Rise of) Parental Rights  by Jeffrey Shulman

NOTES

Youthfulness Matters: A Call to Modernize Juvenile Waiver Statutes  by Chelsea Ellen Heaney

Operation Inherent Resolve and the Reemergence of the Debate Over the War Powers Resolution  by Kyle C. Walker

Issue 3

ARTICLES

The Harm in Hate Speech: A Critique of the Empirical and Legal Bases of Hate Speech Regulation  by John T. Bennett

Completing Government Speech's Unfinished Business: Clipping Garcetti's Wings and Addressing Scholarship and Teaching   by Edward J. Schoen

Must Courts Respect Hidden Legislative Bargains?  by Brendan Selby

NOTES

The Right to Education for Unaccompanied Minors  by Jeanette M. Acosta

Examining the Americans with Disabilities Act's Reassignment Provision Through an Equal Protection Lens  by Danielle Bogaards 

Out of the Shadows: Deferred Action for Childhood Arrivals, Deferred Action to Parents of Americans and Lawful Permanent Residents, and Executive Prosecutorial Discretion in Immigration Law  by Olga Y. Kuchins 

Issue 4

ARTICLES

The 2016 Election and the Future of Constitutional Law: The Lessons of 1968 by Earl M. Maltz

The Real-World Fourth Amendment  by Brnet E. Newton

Procedural Due Process Liberty Interests  by Ann Woolhandler

NOTES

Shocking the Eighth Amendment's Conscience: Applying a Substantive Due Process Test to the Evolving Cruel and Unusual Punishments Clause  by Jency Megan Butler

Where Else is the Appearance of Corruption Protected by the Constitution? A Comparative Analysis of Campaign Finance Laws After Citizens United and McCutcheon  by Vladyslav Dembitskiy 

Reforming High-Stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing in America   by Ivana Dukanovic 

Out of Thin Air: Evaluating the Legality of the Clean Power Plan Under the Equal Sovereignty Principle  by Deepa Sharma 

Volume 42
2014-2015 

Issue 1

ARTICLES

Probability, Confidence, and the Constitutionality of Summary Judgement  by Luke Meier

Incoherent and Indefensible: An Interdisciplinary Critique of the Supreme Court's "Void-for-Vagueness" Doctrine  by Ryan McCarl 

The Story of Prudential Standing   by S. Todd Brown

Criminalizing the Armchair Terrorist: Entrapment and the Domestic Terrorism Prosecution   by Dean M. Gantar 

Using Section 2 of the Voting Rights Act to Fight Voter Suppression Tactics After Shelby County v. Holder Without a New Section 4(b) Formula   by Jessica Casella 

Concussion Crisis: Regulating the NFL's Concussion Policy Under the Commerce Clause  by Margaret Greer

Issue 2

ARTICLES

Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause by David R. Upham 

Moving Beyond Race: The Joint Committee on Reconstruction and the Drafting of the Fourteenth Amendment by Earl M. Maltz

The Health Insurance Mandate -- a Tax or a Taking? by Karl Manheim 

NOTES

Eugenics Then and Now: Constitutional Limits on the Use of Reproductive Screening Technologies by Hannah Lou 

The Unconstitutionality of the Current Housing Arrangements for Intersex Prisoners by Nicole Antonopoulos

Smile for the Camera: The Revenge Pornography Dilemma, California's Approach, and Its Constitutionality by Snehal Desai 

Issue 3

ARTICLES

Beyond Coordination: Defining Indirect Campaign Contributions for the Super PAC Era by Brent Ferguson 

The Politics of Statutory Interpretation: The Hayekian Foundations of Justice Antonin Scalia's Jurisprudence by Gautam Bhatia 

Airbnb and the Housing Segment of the Modern "Sharing Economy": Are Short-Term Rental Restrictions an Unconstitutional Taking? by Jamila Jefferson-Jones 

NOTES

The New Data Marketplace: Protecting Personal Data, Electronic Communications, and Individual Privacy in the Age of Mass Surveillance Through a Return to a Property-Based Approach to the Fourth Amendment by Megan Blass 

Protecting Immigrants from Prolonged Pre-Removal Detention: When "It Depends" is No Longer Reasonable by Michelle Firmacion 

Issue 4

ARTICLES

Is Hobby Lobby Really A Brave New World?
Litigation Truths About Religious Exercise
by For-Profit Organizations by Eric Rassbach

Hobby Lobby: The Crafty Case That
Threatens Women’s Rights and Religious
Freedom by Leslie C. Griffin

Evaluating the Sociology of First Amendment
Silence by Mae Kuykendall

Racism 4.0, Civity, and Re-Constitution by Palma Joy Strand 

Volume 41
2013-2014 

 

Issue 1

ARTICLES

The Muddled State: California's Application of Confrontation Clause Jurisprudence in People v. Dungo and People v. Lopez by Mark K. Hanasono

Something to [Lex Loci] Celebrationis?: Federal Marriage Benefits Following United States v. Windsor by Meg Penrose

Foreign in a Domestic Sense: American Samoa and the Last U.S. Nationals by Sean Morrison

NOTES

San Francisco's Checkout Bag Fee Ordinance and the Problem of Proposition 26 by Nicole Misha Goodwin

A Higher Protection for Scholars Faced with Defamation Suits by Ameet Kaur Nagra

What is Really so Bad About a Different Rule of Law?: The Afghan Legal System Reanalyzed by Dana Cook-Milligan

Issue 2

ARTICLES

The New Speech by Andrew Tutt

The First Amendment and Religion After Hosanna-Tabor     by Mark W. Cordes

Dog Sniffs, Technology, and the Mythical Constitutional Right to Criminal Privacy by Kenneth J. Melilli

NOTES

From Spectacle to Speech: The First Amendment and Film Censorship from 1915-1952 by  Jessica J. Hwang

A Private Sector Solution to a Public Sector Problem             by Chris Molina

In re C.P.: The Ohio Supreme Court's Expansion of Roper v. Simmons and Graham v. Florida to the Realm of Juvenile Sex Offender Registration by Ben Blumenthal

Issue 3

ARTICLES

The New Flat Tax: A Modest Proposal For a Constitutionally Apportioned Wealth Tax by John T. Plecnik

Analyzing the Constitutional Implications of the Department of Veterans Affairs' Process to Determine Incompetency: Is the Federal Government Violating the Second Amendment and Due Process? by Joshua Flynn-Brown

The U.S. Supreme Court's Failure to Fix Plea Bargaining: The Impact of Lafler and Frye by Cynthia Alkon

NOTES

"Bring Your Own Devices": A Cautionary Tale for Public Employees During Investigatory Searches by Julie Chow

Passwords Please: Rethinking the Constitutional Right to Informational Privacy in the Context of Social Media            by Sara E. Stratton

Wireless Internet Searches: How the Fourth Amendment Applies to Police Searches of Information Accessed Over a Wireless Internet Connection by Taylor Hobin

Issue 4

ARTICLES

Violent Video Games and the Rights of Children and Parents: A Critique of Brown v. Entertainment Merchants Association by Martin Guggenheim

Check, Pleas: Toward a Jurisprudence of Defense Ethics in Plea Bargaining by Hadar Aviram, Deanna Dyer, and S.C. Thomas

On War and Peace in Cyberspace - Security, Privacy, Jurisdiction by Lothar Determann and Karl Guttenbery

The Constitutionality of Prolonged Administrative Segregation for Inmates Who Have Received Sex Reassignment Surgery by Eric Fleischaker

NOTES

S.B. 9: A Second Chance for Juveniles Serving Life Without Parole in California in Theory—and Why It Won’t Make a Difference in Practice by Evan Reese

Alive Not Dead: The Revival of Redevelopment Post-Matosantos by Helen Luu Chou

Volume 40
2012-2013 

Issue 1

ARTICLES

Putting State Courts in the Constitutional Driver's Seat: State Taxpayer Standing After Cuno and Winn by Edward A. Zelinsky

Mutual Fund Sales Notice Fees: Are a Handful of States Unconstitutionally Exacting $200 Million Each Year?            by David M. Geffen

NOTES

A Constitutional Dilemma for Cities Seeking to Regulate Day Labor Solicitation by Monica Smith

Herding Katz: GPS Tracking and Society's Expectations of Privacy in the 21st Century by Zachary Gray

Tea Party Constitutionalism: Does the "Astroturf" Have Roots in the History of the Constitution? by Ryan D. Murphy

Issue 2

ARTICLES

Paid Organ Donation and the Constitutionality of the National Organ Transplant Act by John A. Robertson

Thomas Jefferson's Establishment Clause Federalism              by David E. Steinberg

NOTES

Democracy in Ohio: Ohio's Fiscal Constitution and the Unconstitutional Nationwide Arena Deal by David Ebersole

Modern Models of Organ Donation: Challenging Increases of Federal Power to Save Lives by Jonathon G. August

Bans on Sex-Selective Abortions: How Far is Too Far?            by Annie Moskovian

Redevelopment in the Golden State: A Study in Plenary Power Under the California Constitution by Daniel S. Maroon

Issue 3

ARTICLES

A Familial Privacy Right Over Death Images: Critiquing the Internet-Propelled Emergence of a Nascent Constitutional Right that Preserves Happy Memories and Emotions             by Clay Calvert

Negative Lawmaking Delegations: Constitutional Structure and Delegations to the Executive of Discretionary Authority to Amend, Waive, and Cancel Statutory Text                          by R. Craig Kitchen

More Than a "Quick Glimpse of the Life": The Relationship Between Victim Impact Evidence and Death Sentencing        by Jerome Deise and Raymond Paternoster

NOTES

Letting the Fox Guard the Hen House: Why the Fourth Amendment Should Not Be Applied to Interviews of Children in Child Abuse Cases by Rachael Yourtz

Issue 4

ARTICLES

When One Is Not Enough, But Two Is a Company Union: A First Amendment Analysis of the National Labor Relations Board's Restrictions on Employee Involvement at the Nonunion Workplace by Mark J. Mahoney

Restoring the Vote: Former Felons, International Law, and the Eight Amendment by John Ghaelian

National Federation of Independent Business v. Sebelius: Five Takes by Glenn H. Reynolds and Brannon P. Denning

Livelihood, Ability to Pay, and the Original Meaning of the Excessive Fines Clause by Nicholas M. McLean

NOTES

Quill's Call to Action: Will Congress Update Commerce Clause Nexus Requirements in Light of Cloud Computing     by Molly Schneider

A Check-in on Privacy after United States v. Jones: Current Fourth Amendment Jurisprudence in the Context of Location-Based Applications and Services by Kathryn Nobuko Horwath

Arizona v. Winn: Negative Implications for First Amendment Proponents and Possibly for Our Nation's Schoolchildren by Adam F. Sloustcher

Public Disclosure and Moving the World Forward: Why We Need the America Invents Act by Arman Matevosyan

Volume 39
2011-2012 

Issue 1

ARTICLES

A Different Path Taken: Texas Capital Offenders’ Post-Atkins Claims of Mental Retardation by Peggy M. Tobolowsky

Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument by Douglas E. Abrams

The Tea Party and the Constitution by Christopher W. Schmidt

NOTES

Too Big to Fail and Too Big to Pay: States, Their Public-Pension Bills, and the Constitution by Debra Brubaker Burns

Secure in Their Yards? Curtilage, Technology, and the Aggravation of the Poverty Exception to the Fourth Amendment by Amelia L. Diedrich

Whose Constitution Is It Anyway? The Executives’ Discretion to Defend Initiatives Amending the California Constitution by Jeremy Zeitlin

Issue 2

ARTICLES

Does a Broad Free Exercise Right Require a Narrow Definition of “Religion”? by Donald L. Beschle

The Case for a Commerce Clause Challenge to State Antitrust Laws Banning Minimum Resale Price Maintenance by Barbara O. Bruckmann

Funding Gideon’s Promise by Viewing Excessive Caseloads as Unethical Conflicts of Interest by Heidi Reamer Anderson

Reconciling Parliamentary Sovereignty and Judicial Review: On The Theoretical and Historical Origins of the Israeli Legislative Override Power by Rivka Weill

NOTES

About “Face”: Using Moral Rights to Increase Copyright Enforcement in China by Heidi Hansen Kalscheur

California Penal Code § 270.1: A Constitutionally Impermissible Attempt to Combat Truancy by Alison Cordova

Spreading the Wealth: Is Asset Forfeiture the Key to Enticing Local Agencies to Enforce Federal Drug Laws? by David T. Gibson

Issue 3

ARTICLES

The Right to Learn: Intellectual Honesty and the First Amendment by Jeffery M. Cohen

The First Amendment in the Multicultural Climate of Colleges and Universities: A Story Ending with Christian Legal Society v. Martinez by Blake Lawrence

“Tavern Talk” and the Origins of the Assembly Clause:
Tracing the First Amendment’s Assembly Clause Back to
Its Roots in Colonial Taverns by Baylen J. Linnekin

Cyber-Sticks and Cyber-Stones: Media Liability for Incitement and True Threats under California Abortion Provider Privacy Law by Aditi Mukherji

NOTES

Where California Went Wrong With the Amazon Tax:
Application of Due Process and Commerce Clause Jurisprudence to State Use Tax Collection Requirements Imposed on Out-of-State Internet Retailers by Andrew T. Cannon

California and the Future of Partial Match DNA Investigations by Jenny Choi

Issue 4

ARTICLES

Perception Profiling & Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case: When Prison Officials Become Judges, Judges Become Visually Challenged, and Justice Becomes Legally Blind by Angela A. Allen-Bell

Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon                              by Keith E. Whittington and Amanda Rinderle
 

NOTES

Resuscitating Roberts? How Courts Should Construe the “Emergency” Exception to the Sixth Amendment’s Confrontation Clause by Sloan A. Heffron


Routine Body Scanning in Airports: A Fourth Amendment Analysis Focused on Health Effects by Rebekka Murphy

God in the Deductions: Tax Deductions for Religion and the Future of Taxpayer Standing for Establishment Clause Challenges by Drew G. Stark

The Elephant in the Room: Conduct, Groups, and Lawrence v. Texas by Elliot Wong
 

Volume 38
2010-2011 

Issue 1

ARTICLES

Business Improvement Districts and the Constitution: The Troubling Necessity of Privatized Government for Urban Revitalization by Wayne Batchis

Seeking ‘Common Ground’: A Secular Statement by Bruce Ledewitz
 

The Marketplace Metaphor and Commercial Speech Doctrine: Or How I Learned to Stop Worrying About and Love Citizens United by Darrel C. Menthe

Between Safety and Transparency: Prior Restraints, FOIA, and the Power of the Executive by Devin S. Schindler

NOTES

Obscenity on the Internet: Nationalizing the Standard to Protect Individual Rights by Sarah Kagan

A Matter of Conscience: United States v. Seeger and the Supreme Court’s Historical Failure to Define Conscientious Objector Status Under the First Amendment by Claire Marblestone

There’s an Amendment for That: A Comprehensive Application of Fourth Amendment Jurisprudence to Smart Phones by Daniel Zamani
 

Issue 2

ARTICLES

The California Resale Royalty Act: Droit de [not so] Suite     by Emily Eschenbach Barker

Less than Meets the Eye: Antidiscrimination and the Development of Section 5 Enforcement and Eleventh Amendment Abrogation Law Since City of Boerne v. Flores by Justin Schwartz

Advocacy, True Threats, and the First Amendment                 by Mark Strasser
 

NOTES

Examining Copyright Exemptions for Web Mashups in the International Context: Applying American Constitutional Considerations as Guideposts for the TRIPS Three-Step Test by James de Los Reyes

A Temporary Solution to Climate Change: The Federal Common Law to the Rescue? by Jeremy Hessle

Issue 3

ARTICLES

Preface by Frank H. Wu

Associations and Forums: Situating CLS v. Martinez             by Ashutosh Bhagwat

Reviewing Associational Freedom Claims in a Limited Public Forum: An Extension of the Distinction Between Debate-Dampening and Debate-Distorting State Action by Alan Brownstein and Vikram Amar

Marketplace of Ideas 2.0: Excluding Viewpoints to Include Individuals by Robert Luther III

Christian Legal Society v. Martinez: Six Frames by Toni M. Massaro

How Equality Constitutes Liberty: The Alignment of CLS v. Martinez by Julie A. Nice
 

NOTES

Protecting Surface Land by Internalizing the Cost of Oil and Gas Development: Wyoming’s Surface Owner Accommodation Act Strikes a More Sustainable Balance by Jennifer A. C. Richardson

Boumediene as a Constitutional Mandate: Bivens Actions at Guantánamo Bay by Ian Samson

California Dreaming: A Case to Give States Discretion in Providing In-State Tuition to Its Undocumented Students by Debra Urteaga

Issue 4

ARTICLES

The Role of Reporter for a Law Project by Rory Little

Rectifying Wrongful Convictions: May a Lawyer Reveal Her Client's Confidences to Rectify the Wrongful Conviction of Another? by James E. Moliterno

Changes to the Culture of Adversarialness: Endorsing Candor, Cooperation, and Civility in Relationships Between Prosecutors and Defense Counsel by Lissa Griffin and Stacey Caplow

Conflicts Over Conflicts: Challenges in Redrafting the ABA Standards for Criminal Justice on Conflicts of Interest by Laurie L. Levenson

Closing the Door on Misconduct: Rethinking the Ethical Standards that Govern Summations in Criminal Trials by Daniel S. Medwed

Excessive Public Defense Workloads: Are ABA Standards for Criminal Justice Adequate? by Norman Lefstein

Confidentiality and Disclosure: What the New ABA Criminal Justice Standards (Don't) Say About the Duties of Defense Counsel by Cecilia Klingele

Witness Preparation: Regulating the Profession's "Dirty Little Secret" by Roberta K. Flowers

"Waiving" Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation by Jane Campbell Moriarty and Marisa Main

NOTES

No Match for the Police: An Analysis for Miranda's Problematic Application to Juvenile Defendants by Zoë Overbeck

Every Step You Take, They'll Be Watching You: The Legal and Practical Implications of Lifetime GPS Monitoring of Sex Offenders by Sarah Shekhter

Prosecuting Terrorism: The Material Support Statute and Muslim Charities by Michael G. Freedman

 

Volume 37
2009-2010 

Issue 1

ARTICLES

The Supreme Court's New Public-Private Distinction Under the Dormant Commerce Clause: Avoiding the Traditional Versus Nontraditional Classification Trap by Bradford Mank

Theocracy in America: Should Core First Amendment Values Be Permanent?  by Miriam Galston

The Domestic Violence Clause in 'New Originalist' Theory by Mark S. Stein

NOTES

The Adam Walsh Act: Un-Civil Commitment by Emily Eschenbach Barker

Warrantless Wiretapping: The Bush Administration's Failure to Jam an Elephant into a Mousehole by Adrienne Ratner

Second-Class Citizens: The Schism Between Immigration Policy and Children's Health Care by John A. Castro

Issue 2

ARTICLES

On Parents Involved and the Problematic Praise of Justice Clarence Thomas by Ronald Turner

La Mauvaise Qualité de la Loi: Vagueness Doctrine at the French Constitutional Council by Patricia Rrapi

Supreme Court Voting Behavior: 2007 Term by Richard G. Wilkins, Scott Worthington, Elisabeth Liljenquist, Adam Pomeroy, and Amy Pomeroy

NOTES

The Guarantee Clause in the States: Structural Protections for Minority RIghts and Necessary Limits on the Initiative Power by Anya J. Stein

Cutting the Fourth Amendment Loose from Its Moorings: The Unconstitutional Use of FISA Evidence in Ordinary Criminal Prosecutions by Kathylyn Querubin

Accounting for the Lack of Accountability: The Great Depression Meets the Great Recession by Steven Pearse

Issue 3

ARTICLES

'Sexting' and the First Amendment by John A. Humbach

'I'm Dying to Tell You What Happened': The Admissibility of Testimonial Dying Declarations Post-Crawford by Peter Nicolas

Highly Uncertain Times: An Analysis of the Executive Branch's Decision To Not Investigate or Prosecute Individuals in Compliance with State Medical Marijuana Laws by Vijay Sekhon

NOTES

Beyond 'The Schoolhouse Gates' and into the Virtual Playground: Moderating Student Cyberbullying and Cyberharassment After Morse v. Frederick by Jessica Moy

Proposition 8 and the Need for California Constitutional Amendment Initiateve Reform: Tolerance Requires Time and Deliberation by Angela Chrysler

Thirty-Five Years After Berkelman: Seeking a New Debate About Ability Grouping by Matt Chayt

Issue 4

ARTICLES

What Would the Delegates Talk About? A Rough Agenda for a Constitutional Convention by Darien Shanske

Tax Reform Commissions in the Sweep of California's Fiscal History              by Steven M. Sheffrin

Ballot Box Budgeting in California: The Bane of the Golden State or an Overstated Problem? by Jessica A. Levinson and Robert M Stern

The Business Net Receipts Tax: A Dog That Will Not Hunt by Charles E. McLure

NOTES

Why the Joint Powers Authority Refunding Bond Model Works: A Critique of the Attorney General's Claim of Unconstitutionality by Joseph L. J. Appel

Keeping the Commitment: Why California Should Maintain Consideration of the Commitment Offense in Determining Parole for Life Inmates by Kathleen Noone

Virtual Child Pornography, Pandering, and the First Amendment: How Developments in Technology and Shifting First Amendment Jurisprudence Have Affected the Criminalization of Child Pornography by Benjamin A. Mains

volume 36

2008-2009

Issue 1

ARTICLES

Conscience Reexamined: Liberty, Equality, and the Legacy of Roger Williams Reviewed by René Reyes

Access and Lobbying: Looking Beyond the Corruption Paradigm by Dorie Apollonio, Bruce E. Cain, and Lee Drutman

Supreme Court Voting Behavior: 2006 Term by Richard G. Wilkins, Scott Worthington, Peter J. Jenkins, and Elisabeth Liljenquist

NOTES

Would You Like Some First Amendment Rights with That? How Mandatory Nutritional Disclosure on Restaurant Menus Violates the Freedom of Commercial Speech by Nicole Anderson

Rethinking Granfinanciera: May the Bankruptcy Court Retain Pre-trial Jurisdiction After Finding a Valid Jury Trial Right? by Amber Arakaki

Unqualified Interests, Definitive Definitions: Washington v. Glucksberg and the Definition of Life by Alexa Hansen

Issue 2

ARTICLES

Fixing Free Exercise: A Compelling Need to Relieve the Current Burdens by Eric D. Yordy

The Myth of "Laissez-Faire Constitutionalism": Liberty of Contract During the Lochner Era by David N. Mayer

NOTES

Protecting the Innocent: Post-Conviction DNA Exoneration by Sophia S. Chang

Web-Assisted Suicide and the First Amendment by Ellen Luu

Transnational Wiretaps and the Fourth Amendment by Kristopher A. Nelson

Homeless But Not Hopeless: How the Tibetan Constitution Governs a People in Exile by Tsering Kheyap

Issue 3

ARTICLES

Legal Claims as Private Property: Implications for Eminent Domain by Jeremy A. Blumenthal

Boumediene v. Bush and Extraterritorial Habeas Corpus in Wartime by Riddhi Dasgupta

NOTES

Circumventing Non-Appropriation: Law and Development of United States Space Commerce by Nikhil D. Cooper

From the Protection of Children Against Sexual Exploitation Act of 1977 to the Adam Walsh Child Protection and Safety Act of 2006: How Congress Went From Censoring Child Pornography to Censoring Protected Sexual Speech by Onki Kwan

"A Picture is Worth a Thousand Words": The Effect of Spectators' Display of Victim Photographs During a Criminal Jury Trial on a Criminal Defendant's Fair Trial Rights by Elizabeth Lyon

In Re Marriage Cases: The Fundamental Right to Marry and Equal Protection Under the California Constitution and the Effects of Proposition 8 by Richard Salas

Issue 4

ARTICLES

Holding Legislatures Constitutionally Accountable Through Facial Challenges by Caitlin E. Borgmann

Rights, Remedies and Facial Challenges by Maya Manian

Defining Empirical Frames of Reference in Constitutional Cases: Unraveling the As-Applied Versus Facial Distinction in Constitutional Law by David L. Faigman

Frames of Reference and the "Turn to Remedy" in Facial Challenge Doctrine by Kevin C. Walsh

Looking Through Both Ends of the Telescope: Facial Challenges and the Roberts Court by David L. Franklin

NOTES

Muddy Waters: Congressional Consent and the Great Lakes - St. Lawrence River Basin Water Resources Compact by Sonya F. Palay

volume 35

2007-2008

Issue 1

ARTICLES

PICS in Focus: A Majority of the Supreme Court Reaffirms the Constitutionality of Race-Conscious School Integration Strategies by Michael J. Kaufman

Marbury in Mexico: Judicial Review's Precocious Southern Migration by M. C. Mirow

NOTES

Bankruptcy and Free Speech: New Bankruptcy Code Provisions Restrict Attorneys' Right to Properly Advise Clients by Robin Huffman

The State Secrets Privilege: What's Wrong With It, How It Got That Way, and How the Courts Can Fix It by Christopher D. Yamaoka

Issue 2

ARTICLES

NOTES

Maintaining the Constitutionality of the Patent System by Susanna Chenette

Just Don't Say You Heard It From Me: Bridging the Davis v. Washington Divide of Indistinguishable Primary-Purpose Statements by Thomas M. Forsyth III

Gang Injunctions Under Heat From Equal Protection: Selective Enforcement As a Way To Defeat Discrimination by Cathy Wang

Has Georgia Gone Too Far - or Will Sex Offenders Have To? by Jacqueline Canlas-LaFlam

A House Divided: How Judicial Inaction and a Circuit Split Forfeited the First Amendment Rights of Student Journalists at America's Universities by Richard Bradley Ng

Suspension for Beginners: Ex Parte Bollman and the Unconstitutionality of the 1996 Antiterrorism and Effective Death Penalty Act by Dan Poulson

Issue 3

ARTICLES

Securing the Rule of Law Through Interpretive Pluralism: An Argument From Comparative Law by Richard Stith

Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits by Richard Henry Seamon

Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life by Mary Jean Dolan

NOTES

From the Fringes of Copyright Law: Examining California's "True Name and Address" Internet Piracy Statute by Brian McFarlin

A Reexamination of the Tinker Standard: Freedom of Speech in Public Schools by Jerico Lavarias

Issue 4

ARTICLES

When "Legislature" May Mean More than "Legislature": Initiated Electoral College Reform and the Ghost of Bush v. Gore by Richard L. Hasen

Direct Democracy and Article II: Additional Thoughts on Initiatives and Presidential Elections by Vikram David Amar

Undue Burdens on Voter Participation: New Pressures for a Structural Theory of the Right to Vote? by Christopher S. Elmendorf

Political Party and Senatorial Succession: A Response to Vikram Amar on How Best to Interpret the Seventeenth Amendment by Sanford Levinson

Are Statutes Constraining Gubernatorial Power to Make Temporary Appointments to the United States Senate Constitutional Under the Seventeenth Amendment? by Vikram David Amar

Presidential Power in Comparative Perspective: The Puzzling Persistence of Imperial Presidency in Post-Authoritarian Africa by H. Kwasi Prempeh

Morse v. Frederick and the Regulation of Student Cyberspeech by Brannon P. Denning and Molly C. Taylor

NOTES

Taking the Courts: A Brief History of Takings Jurisprudence and the Relationship Between State, Federal, and the United States Supreme Courts by Rachel A. Rubin

Hot Oil and Hot Air: The Development of the Nondelegation Doctrine Through the New Deal, a History, 1813-1944 by Andrew J. Ziaja

 

Volume 34

2006-2007

Issue 1

ARTICLES

The Structural Inadequacy of Public Schools for Stigmatized Minorities: The Need for Institutional Remedies by Shavar D. Jeffries

Amicus Brief of Constitutional Law Professors David L. Faigman and Ashutosh A. Bhagwat, et al. in the Case of Gonzales v. Carhart by David L. Faigman, Ashutosh A. Bhagwat, and Kathryn M. Davis

NOTES

Prescribing Morality: The Constitutionality of Pharmacist Conscience Clauses by Taylor Genovese

Choice v. Chance: The Constitutional Case for Regulating Human Germline Genetic Modification by Nancy Pham

Issue 2

ARTICLES

The Revival of Impeachment as a Partisan Political Weapon by Richard K. Neumann Jr.

Thawing a Frozen Treaty: Protecting United States Interests in the Arctic with a Congressional-Executive Agreement on the Law of the Sea by Andrew King

NOTES

Changing the Balance of Power: Why a Treaty-trump Presumption Should Replace the Later-in-time Rule When Interpreting Conflicting Treaties and Statutes by Scott A. Penner

Issue 3

ARTICLES

Committing a Crime While a Refugee: Rethinking the Issue of Deportation in Light of the Principle Against Double Jeopardy by Won Kidane

To What Extent Can Congress Change the Patent Right Without Effecting a Taking by Jesse S. Chui

NOTES

The Story of the Court: A Narrative Analysis of Planned Parenthood v. Casey by Nicholas Short

Issue 4

ARTICLES

Supreme Court Voting Behavior 2005 Term by Richard G. Wilkins, Scott Worthington, John J. Nielsen, and Peter J. Jenkins

NOTES

Has Mighty Casey Struck Out?: Societal Reliance and the Supreme Court's Modern Stare Decisis Analysis by Tom Hardy

Constitutional Taking Clauses: A Proposed Typology by Benjamin Wiles

volume 33

2005-2006

volume 32

2004-2005

volume 31

2003-2004

Issue 1

ARTICLES

The Promise and Precondition of Educational Autonomy by Neal Kumar Katyal

The Benign-Invidious Asymmetry in Equal Protection Analysis by R. Richard Banks

The Legal Cost of the "Split Double Header" of Gratz and Grutter by Wendy Parker

The Evolution of Equality in American Law by Gerald Torres

Issue 2

ARTICLES

The Special Public Purpose Forum and Endorsement Relationships: New Extentions of Government Speech by Mary Jean Dolan

The California Supreme Court and State Constitutional Rights: The Early Years by Joseph R. Grodin

Fruits, Nuts, Cigarettes, and the Right to Remain Silent by Christine Esperanza

Issue 3

ARTICLES

Exorcising Wechsler's Ghost: The Influence of the Model Penal Code on Death Penalty Sentencing Jurisprudence by Russell Dean Covey

Our Constitution as Federal Treaty: A New Theory of United States Constitutional Construction Based on an Originalist Understanding for Addressing a New World by Francisco Forrest Martin

NOTES

Federal Regulation of Embryonic Cells: Can Government Do It - An Examination of Potential Regulation through the Eyes of California's Recent Legislation by Francesca Crisera

Houses Built on Sant: Police Expert Testimony in California Gang Prosecutions; Did Gardeley Go Too Far by Patrick Mark Mahoney

Issue 4

ARTICLES

The Trouble with Taxes: Fairness, Tax Policy, and the Constitution by Leo P. Martinez

Viewpoint Neutral Zoning of Adult Entertainment Businesses by Shima Baradaran-Robison

Supreme Court Voting Behavior: 2002 Term by Richard G. Worthington

NOTES

United States v. Kincade: Constitutionality of Mandatory DNA Testing by Joy Huang

From Kierkegaard to Kennedy: Existentialist Philosophy in the Supreme Court's Decision in Planned Parenthood v. Casey and Its Effect on the Right to Privacy by Rebecca Rabkin