My goal here is the more modest one of trying to delineate when the State, in the specific context of laws and regulations related to sexual orientation and intimate relationships, may appropriately- by which I mean both constitutionally and as
- Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
- Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
- Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
In Depth Reading
Volume 35 Issue 1
McCorvey revealed a central feature of the anti-choice strategy: the claim that abortion harms women. To combat this, we need to think less like lawyers.
In the pursuit of sexual justice for women, protections for lesbians and abortions are nonnegotiable.
Carhart offers a myriad of lessons about the role of courts in democracy, the evocative power of constitutional claims, the relevance of texts and precedents to constitutional judgments, the effects of national and transnational movements, and the autonomy of women,
Volume 35 Issue 2
Given the crucial importance of education for succeeding in modern society, students should not, in the name of school discipline, be unnecessarily denied the opportunity to receive an adequate education.
No matter the circumstances of the crime, no matter the public's general punitiveness, no matter the normal political process, no matter traditional federalism concerns, no matter our obligations under international law, kids are just different.
The United States should lead the effort to respond to climate-induced community relocations and implement legislation to provide governance tools and resources so that communities forced to relocate due to rapid and radical climate change can be resilient.
Volume 35 Issue 3
Citizens United is thus an important case in the jurisprudence of association. Members and shareholders will now find that the money they contributed to, or invested in, an organization is being used to finance political speech with which they may
These articles reveal Citizens United's silver lining: Even though many of us vehemently object to its logic and holding, Citizens United has forced a new phase in our country's continuous march to improve our democracy. This volume represents the first
When Bush v. Gore and Citizens United are viewed through a democracy-sensitive lens, they emerge as judicially-imposed democratic disasters.
An analysis of "electoral exceptionalism" and First Amendment review in the context of the electoral process
Volume 35 Issue 4
If constructed well, a no-fault scheme could replicate many of the positive aspects of tort law. Congress should seize this unique opportunity to preserve the beneficial effects of tort law and protect the health and safety of Americans.
Electing judges, then, produces an unintended result: it makes a state court more likely to turn a state constitutional question, which should be decided by the state court, into a federal constitutional question to be decided by the United StatesSupreme
In a democratic society that prides itself on liberty and human dignity, we should not settle for a definition that draws a line that allows the affront on personhood at work in Haitian prisons.