Judicial Fact-Finding in the Wake of Alleyne
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
The Review: Volume 39
Preview
Issue 1
featuring
- Judging Remorse
- Judicial Fact-Finding in the Wake of Alleyne
- From Jack to Jill: Gender Expression as Protected Speech in the Modern Schoolhouse
- Encouraging Maternal Sacrifice: How Regulations Governing the Consumption of Pharmaceuticals during pregnancy Prioritize Fetal Safety over Maternal Health and Autonomy
Issue 2
featuring
- Wrecking Ball Disguised as Law Reform: Alec's Model Act on Private Enforcement of Consumer Protection Statutes
- How a Secondary Earner Deduction Will Reduce the Gender Bias in the U.S. Tax Code
- Voters Strike Back: Litigating against Modern Voter Intimidation
- Addressing All Heads of the Hydra: Reframing Safeguards for Mentally Impaired Detainees in Immigration Removal Proceedings
Issue 3
featuring
Issue 4
featuring
- From the Picket Line to the Courtroom: A Labor Organizing Privilege to Protect Workers
- Searching for Optimal Governance on the Nonprofit Board: Dynamic Resource Constraints and a Rejection of Board Bifurcation
- North Carolina’s Failure to Perform Comparative Proportionality Review: Violating the Eighth and Fourteenth Amendments by Allowing the Arbitrary and Discriminatory Application of the Death Penalty
- The Breach of the Common Law Trust Relationship between the United States and African Americans: A Substantive Right to Reparations
In Depth Reading
Volume 39 Issue 1
Judging Remorse
This study uses interviews with judges to examine the role of remorse in judicial decisionmaking.
Encouraging Maternal Sacrifice: How Regulations Governing the Consumption of Pharmaceuticals during pregnancy Prioritize Fetal Safety over Maternal Health and Autonomy
The regulation of pregnant women in medical research and FDA labeling has created a system in which they and their fetuses are unprotected from drug risks.
From Jack to Jill: Gender Expression as Protected Speech in the Modern Schoolhouse
A transgender student's expression of her gender identity, including through the use of gender consistent bathrooms, is First Amendment protected speech,
Volume 39 Issue 2
How a Secondary Earner Deduction Will Reduce the Gender Bias in the U.S. Tax Code
Currently, the tax code disincentivizes dual income marriages. Congress should create a secondary earner tax deduction to reduce the tax code's gender bias.
Voters Strike Back: Litigating against Modern Voter Intimidation
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Wrecking Ball Disguised as Law Reform: Alec's Model Act on Private Enforcement of Consumer Protection Statutes
Model legislation drafted by the American Legislative Exchange Council would effectively repeal the private enforcement of state consumer protection statutes.
Addressing All Heads of the Hydra: Reframing Safeguards for Mentally Impaired Detainees in Immigration Removal Proceedings
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
Volume 39 Issue 3
Affirmative Action: Moving beyond Diversity
Affirmative action advocates should trade race-conscious affirmative action for race-neutral disadavantages that disporportionately affecting people of color.
The Slow Demise of Race Preference
The Court's Equal Protection jurisprudence adopts a false equivalency between discrimination against oppressed minorities and against white people.
LSAC Data Reveals That Black/White Multiracials Outscore All Blacks on LSAT by Wide Margins
Black americans whose ancestors were slaves are less likely to receive affirmative action than "Black multiracials" and "Black Immigrants."
Ratings Fetishism
Affirmative action policies are harmed by institutional obsession with rankings, which incentivizes prioritizing high scores over diversity.
Volume 39 Issue 4
The Breach of the Common Law Trust Relationship between the United States and African Americans: A Substantive Right to Reparations
A reparations suit for african americans based on the common law trust relationship is supported by reparations litigation for american indians.
From the Picket Line to the Courtroom: A Labor Organizing Privilege to Protect Workers
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
Searching for Optimal Governance on the Nonprofit Board: Dynamic Resource Constraints and a Rejection of Board Bifurcation
Non-profit boards should be more attentive to resource constraints when implementing governance best practices.
North Carolina’s Failure to Perform Comparative Proportionality Review: Violating the Eighth and Fourteenth Amendments by Allowing the Arbitrary and Discriminatory Application of the Death Penalty
Brooks Emanuel∞ Abstract This article argues that because of the North Carolina Supreme Court’s failure to perform its statutorily mandated comparative proportionality review of all death sentences, North Carolina’s imposition of the death penalty violates the Eighth and Fourteenth Amendments