Government by the People: Iowa’s Book-Ban Law and Direct Democracy
As the first day of classes neared, Bridgette Exman, assistant superintendent of the Mason City School District in north-central Iowa, found herself plugging a list of controversial books into ChatGPT...
View ArticleReversing Remands: Procedural Uncertainty in a President’s State Criminal Trials
A couple of notable defendants are stuck in state court. State prosecutors have charged former President Donald Trump, his Chief of Staff Mark Meadows, and many others with an array of state criminal...
View ArticleThe Speaker Pro Tempore’s Powers
For the first time ever, the House of Representatives has ousted the Speaker of the House on a motion to vacate. When the Office of Speaker is vacated, House rule I clause 8(b)(3) requires that a...
View ArticleThe Role of Courts in Addressing the Homelessness Crisis
Amid the record-breaking global temperatures this summer, the heat ticked ever higher in Sacramento between the District Attorney’s office and City Hall. In a series of steely letters, District...
View ArticleA Note
Like every academic journal, the Harvard Law Review has rigorous editorial processes governing how it solicits, evaluates, and determines when and whether to publish a piece. An intrinsic feature of...
View ArticleOn Constructing a Stronger Right to Strike Through Comparative Labor Law
In one of the most cited labor law articles of all time, Professor Paul Weiler described contemporary American labor law as “an elegant tombstone for a dying institution.” That article was published...
View ArticleThe Fourteenth Amendment is Not a Bill of Attainder
On February 8th, 2024, the Supreme Court will hear oral arguments on whether Donald Trump is disqualified from the presidency under Section Three of the Fourteenth Amendment, which states that “[n]o...
View ArticleNYT v. OpenAI: The Times’s About-Face
The New York Times has sued OpenAI and Microsoft for the unpermitted use of Times articles to train GPT large language models. The case could have a significant impact on the relationship between...
View ArticleA Thought Experiment: Does Originalism Make Sense?
Imagine that the people yesterday gathered to draft a new Constitution, which includes a First Amendment that says: “The government shall not abridge the freedom of speech.” Today, a federal court...
View ArticleOriginalism Makes Sense: A Response
A colleague of mine, In Kyu Chung, recently wrote a Blog post titled “A Thought Experiment: Does Originalism Make Sense?” He answers that question in the negative. My task here, then, is a modest one....
View ArticleCivil Suits by Parents Against Family Policing Agencies
Introduction In recent decades, the family policing system has penetrated more deeply into poor communities, removing children and surveilling families at a rate never before seen. Family policing...
View ArticleOn the Limits of ADA Inclusion for Trans People
In Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria, D Dangaran argues that pursuing coverage for Gender Dysphoria in the Americans with Disabilities...
View ArticleCommunity Financial Services and the Intramural Debate over Novelty and...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s funding structure violated the...
View ArticleMethodological Convergence in Community Financial Services
My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services Association of America. Nielsen...
View ArticleTrading Jabs Over Tradition
Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists can’t agree. Take Vidal v. Elster. There,...
View ArticleA Simple Way to Protect Domestic Violence Orders Against the Next...
Media reports of the Supreme Court’s decision this June in United States v. Rahimi have stated that the Court upheld the federal ban on gun possession by individuals subject to domestic violence...
View ArticleWhat Loper Bright Might Portend for Auer Deference
Last week, the Supreme Court overruled the 40-year-old Chevron doctrine in Loper Bright Enterprises v. Raimondo, declaring that courts can no longer defer to agency interpretations of law simply...
View ArticleADVANCE Act Strikes Right Balance for Nuclear Energy Regulation
On July 9, President Biden signed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act of 2024 into law. Earning a vote of 88 – 2 in the Senate and 393 – 14 in the...
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Measuring Broadband Policy Success
Although broadband internet access is a functional prerequisite for modern civic and economic life, significant inequities in broadband access remain. Commercial, government, and healthcare services...
View ArticleConundrums of Constraint: United States v. Rahimi and the Future of the Bruen...
On June 21, the Supreme Court decided United States v. Rahimi, overturning the Fifth Circuit’s application of the newly minted test for evaluating the constitutionality of firearm regulations under...
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