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