Most Recent Print Issue

Volume 76, Issue 5


The Necessary and Proper Stewardship of Judicial Data

by  Zachary D. Clopton & Aziz Z. Huq

Governments and commercial firms create profit and social gain by exploiting large pools of data. One source of valuable data, however, lies in public hands yet remains largely untapped. While the deep reservoirs of data produced by Congress and federal agencies have long been available for public use, the data produced by the federal judiciary…


War Reparations: The Case for Countermeasures

by  Oona A. Hathaway, Maggie M. Mills & Thomas M. Poston

Who pays for the terrible destruction wrought by war? This problem is far from new, but it is currently receiving renewed attention as a result of the war in Ukraine. The options currently available to states that are the victims of unlawful wars in the postwar era are limited. For Ukraine, some have proposed addressing…


The Legal Crisis Within the Climate Crisis

by  Mark Nevitt

Climate change creates a difficult choice for property owners and governmental officials alike: Should they invest in costly climate adaptation measures or retreat from climate-exposed areas? Either decision is fraught with legal uncertainty, running headfirst into antiquated legal doctrines designed for a more stable world. Climate impacts to the coastline are forcing policymakers to consider…


The Religious Exception to Abortion Bans: A Litigation Guide to State RFRAs

by  Ari Berman

After Dobbs, religion, commonly seen as an argument against abortion, has been used to argue for the right to choose. In July 2022, a synagogue sued Florida, asserting that its ban on abortion after fifteen weeks violated Article 1, Section 3 of the Florida Constitution, which prohibits the penalization of free expression of religion. In…

View Current & Past Print Volumes

Recent Online Essays

The Pardon Power and Federal Sentence-Reduction Motions: A Response to Yost and Flowers

In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory.

Read Article

Alternative Action After SFFA

Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible.

Read Article

The Making of the A2J Crisis

Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis.

Read Article

The Criminally Complicated Copyright Questions about Trump’s Mugshot

The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo.

Read Article

Too Late: Why Most Abortion Pill Administrative Procedure Challenges Are Untimely

In this response piece to the Abortion Pills piece in the Stanford Law Review, Prof. Susan Morse and Leah Butterfield of the University of Texas explain why most administrative challenges to abortion pill regulations are untimely.

Read Article