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 39Issue 1
Judging Remorse
This study uses interviews with judges to examine the role of remorse in judicial decisionmaking.
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,
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.
Other Issues in this Volume
Issue 2
featuring
- Voters Strike Back: Litigating against Modern Voter Intimidation
- 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
- 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