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Volume 76, Issue 1


The Invisible Driver of Policing

by  Farhang Heydari

This Article connects the administrative state and the criminal system—two dominant modes of governance that too often are discussed in isolation. It presents an original account of how the policies and the failures of federal administrative agencies drive criminal law enforcement at the local level. In doing so, this Article exposes a significant driver of…


Uncommon Carriage

by  Blake E. Reid

As states have begun regulating the carriage of speech by “Big Tech” internet platforms, scholars, advocates, and policymakers have increasingly focused their attention on the law of common carriage. Legislators have invoked common carriage to defend social media regulations against First Amendment challenges, making arguments set to take center stage in the Supreme Court’s impending…


The Magnet School Wars and the Future of Colorblindness

by  Sonja Starr

The Supreme Court’s recent decision striking down the use of race-based classifications in university admissions reflects its growing commitment to the concept of “colorblindness,” which has implications well beyond education. In anticipation, many schools and other actors are already moving toward alternative, facially race-neutral strategies for promoting diversity and reducing racial disparity. But what will…


Abortion at the Margins

by  Matthew Coffin

In the wake of Dobbs v. Jackson Women’s Health Organization, legal scholars have proposed countless innovative strategies to secure reproductive autonomy, largely by circumventing the holding in Dobbs. This Note, however, takes a different approach. Rather than concluding that Dobbs has entirely foreclosed the pathway to constitutional abortion access, this Note considers the marginal case…

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Recent Online Essays

Abortion, Blocking Laws, and the Full Faith and Credit Clause

In recent months, California and Washington have enacted statutes forbidding private corporations in their states from cooperating with other states’ efforts to enforce abortion bans. In this Essay, Haley Amster argues that such “blocking laws” do not violate the Full Faith and Credit Clause, and are constitutionally permissible.

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Interpreting Obstruction: The Capitol Riot & Donald Trump

The statute governing obstruction of an official proceeding—one of the charges brought against January 6 defendants and then-President Trump—faces a moment of reckoning. This Essay by Stanford J.D. candidate Jennifer L. Portis identifies a novel interpretation: § 1512(c)(2) reaches only direct obstruction, not those individuals who obstruct the official proceeding through another person's conduct.

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Long-Term Immunity: Protecting Drug Developers from Liability for Late–Occurring Serious Reactions to Emergency Vaccines

In this Essay, Aliya Sternstein of Georgetown University Law Center argues that an international body must set a standard, five-year window, after an emergency vaccine is administered and when the recipient can seek compensation for an injury. Sternstein further argues that emergency vaccine developers should receive immunity against liabilities except for willful misconduct.

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A Congressional Incapacity Amendment to the United States Constitution

In this Essay, Prof. John J. Martin of the University of Virginia School of Law argues for a Congressional Incapacity Amendment to the Constitution, modeled on the Twenty-Fifth Amendment's provisions for Presidential incapacity.

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On Sordid Sources in Second Amendment Litigation

In this Essay, Prof. Jacob D. Charles of Pepperdine University Caruso School of Law considers the use of history and tradition in firearm regulation following the Supreme Court's Bruen decision. He argues that courts should use an "Abstraction Approach" in considering historical analogues to modern regulations.

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