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Essay

The Emerging Firearms Hypocrisy of Terry: The Fifth Circuit in United States v. Wilson

by  Aliza Hochman Bloom  

Terry v. Ohio’s flexible reasonable-suspicion rule is colliding with the post-Bruen expansion of public carry. In United States v. Wilson, the Fifth Circuit held that suspected concealed gun possession—presumptively lawful in Louisiana—could not alone justify a stop, yet it sustained the seizure by relying on Mr. Wilson’s social associations and arrest history. Professor Hochman Bloom argues this emerging “firearm exceptionalism” elevates guns over other lawful acts and entrenches Terry’s racialized, hindsight-driven policing.

Volume 78 (2025-2026)

Train – 412×274

Essay

A Remedy Inherited: State Law, Universal Vacatur, and the Meaning of “Set Aside”

by  Fred Halbhuber  

Introduction This past June, in a decision already heralded as marking a “landmark shift in administrative law,” the Supreme Court in Trump v. CASA, Inc. held that federal courts “likely” lacked the power to issue universal injunctions. Universal injunctions, the 6-3 majority concluded, likely exceeded the equitable authority that Congress had bestowed on the federal courts…

Volume 78 (2025-2026)

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Essay

Threats to Contraception

by  Deborah Tuerkheimer  

Many question the future of the right to contraception after Dobbs v. Jackson Women’s Health Organization, but Deborah Tuerkheimer argues that the more immediate threats lie beyond the Supreme Court. Contraceptive access is eroding through three interconnected forces: post-Dobbs funding cuts and clinic closures, expanding parental- and conscience-based claims, and misinformation-driven cultural shifts that invite restrictive regulation. Together, these developments imperil contraception even as formal protections remain intact.

Volume 78 (2025-2026)

Lemley

Essay

Protecting Consumers in a Post-Consent World

by  Mark A. Lemley  

In Charting a New Course on Digital Consumer Protection at the Federal Trade Commission, former FTC Chair Lina Khan and her co-authors Samuel Levine and Stephanie Nguyen set out a fundamentally new regulatory framework for privacy that seeks to move beyond the “notice and consent” paradigm that has dominated privacy law for a generation. They…

Volume 77 (2024-2025)

Mantle

Symposium - 2025 - Promises of Sovereignty

Tribal Sovereignty, Justice Gorsuch, and the Letter of the Law

by  Desmond Mantle  

I meant what I said, and I said what I meant. An elephant’s faithful, one hundred percent!  —Dr. Seuss, Horton Hatches the Egg Introduction This Comment seeks to defend Justice Neil Gorsuch’s approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court’s reliance on textualism and against efforts by fellow self-proclaimed textualists…

Volume 77 (2024-2025)

Kinsbury

Symposium - 2025 - Promises of Sovereignty

What We Talk About When We Talk About (Indian) Sovereignty: Montana and the Application of General Statutes to Tribes

by  Annelisa Kingsbury Lee  

Montana v. US is a case about tribal civil jurisdiction. Yet it has had a second life in a surprising context: federal statutes of general applicability that do not mention tribes. This Comment explores the circuit split on these silent statutes and shows that Montana is the doctrinal lynchpin for every court that has considered…

Volume 77 (2024-2025)

Cui

Symposium - 2025 - Promises of Sovereignty

Separation-of-Powers Formalism and Federal Indian Law: The Question of Executive Order Reservations

by  Isaac Cui  

Introduction The creation of Indian reservations largely coincided with and was facilitated by the development of presidential authority to withdraw public lands for Indian purposes. Of the roughly 42.8 million acres of total tribal trust lands in 1951, slightly over 23 million were set aside through executive order. That number far dwarfs any other method…

Volume 77 (2024-2025)

Schilfgaarde

Symposium - 2025 - Promises of Sovereignty

Tribal Revestiture

by  Lauren van Schilfgaarde  

I. Implicit Divestiture Presumes Cultural Incompatibility Tribes have a precarious political posture in relation to the United States. Tribes are distinctly sovereign and extra-constitutional, but are also without meaningful external infrastructure to define and protect their legal status in relation to the United States. That is, the U.S. recognizes Tribes as “domestic dependent nations,” but…

Volume 77 (2024-2025)

Riley

Symposium - 2025 - Promises of Sovereignty

Indigenous Rights to Culture: What’s Next?

by  Angela R. Riley  

Introduction For more than two centuries, the United States has maintained—in law and in practice—a colonial system designed to destroy Indigenous peoples’ culture. My work has explored this phenomenon from a property lens, explaining how attacks on Indigenous cultures traverse and encompass all categories of property, including real, tangible, and intangible. From a property perspective,…

Volume 77 (2024-2025)

Mills

Symposium - 2025 - Promises of Sovereignty

The Supreme Court’s Old Habits in a New Era? Native Nations, Statehood, and an Indigenous-led Future for Natural Resources

by  Monte Mills  

Introduction After rising from the depths of eras in which the United States intended to eliminate Native Nations, tribal sovereignty remains ascendant. With respect to natural resources, the governance of Native Nations has expanded to more fully occupy the legal space reserved in treaties with the United States. Across the country, Native Nations have built…

Volume 77 (2024-2025)

Lewerenz

Symposium - 2025 - Promises of Sovereignty

Federal Indian Law in a Time of Judicial Self-Aggrandizement

by  Dan Lewerenz  

Introduction The Supreme Court is accumulating power. Call it “concentrating power in the court,” a “judicial power grab,” or (as a growing number of scholars are calling it) “judicial aggrandizement” or “judicial self-aggrandizement.” Each of these ideas describes a Supreme Court that is upsetting accepted notions of the separation of powers—accumulating power for itself, often…

Volume 77 (2024-2025)

Fletcher

Symposium - 2025 - Promises of Sovereignty

Against Judicial Generalists

by  Matthew L.M. Fletcher  

There is something irritatingly wrong with Indian law practice at the Supreme Court. Oral argument at the Supreme Court is a bitterly unpleasant affair for Indigenous people and tribal advocates for a lengthy variety of reasons. It is canonical that tribal advocates must attempt to avoid Supreme Court review; the strategic thinking is that the…

Volume 77 (2024-2025)

Davis

Symposium - 2025 - Promises of Sovereignty

Can the Roberts Court Find Federal Indian Law?

by  Seth Davis  

Introduction Imagine the lost world of “lawfinding.” In that world, there was a general common law for federal judges to find. And in that world, each statute had a “single, best meaning” for judges to unearth with the traditional tools of statutory interpretation. Of course, we are not going back to that world. Too much…

Volume 77 (2024-2025)

Berger

Symposium - 2025 - Promises of Sovereignty

Oklahoma v. Castro-Huerta’s Constitutional Mistakes

by  Bethany R. Berger  

Something bizarre is happening in Oklahoma. The state’s high courts, well-versed by long experience in federal Indian law, are rewriting fundamental rules of that field. Since 2022, the Oklahoma Supreme Court and Oklahoma Court of Criminal Appeals have rejected challenges to state jurisdiction over tribal citizens in child welfare, domestic violence, and ordinary criminal matters.…

Volume 77 (2024-2025)

SCOTUS

Symposium – Executive Overreach and the Rule of Law in Trump II

Remedies in the First Hundred Days of Trump II: A Gently Adversarial Collaboration

by  Samuel L. Bray & James E. Pfander  

In Trump’s second term, courts face mounting pressure to issue broad, sweeping remedies in response to clear executive overreach. While Samuel Bray and James Pfander often disagree about judicial authority to issue universal injunctions, they join forces in this adversarial collaboration to explore modern application of equitable traditions. Where do they agree and where precisely do their views diverge?

Volume 78 (2025-2026)

Symposium – Executive Overreach and the Rule of Law in Trump II

The Removal Question: A Timeline and Summary of the Legal Arguments

by  Aditya Bamzai & Peter M. Shane  

Aditya Bamzai and Peter Shane trace the enduring debate of the President’s removal power. Together they provide a comprehensive yet succinct history of this question from the First Congress to Trump’s latest removals, then offer their competing interpretations of how history and doctrine define the limits of executive power today.

Volume 78 (2025-2026)

Symposium – Executive Overreach and the Rule of Law in Trump II

Executive Branch Attacks on January 6 Prosecutors: A Notable Case of Democratic Backsliding

by  Sonia Mittal  

Sonia Mittal–a senior January 6 prosecutor–details the firings, demotions, and investigations of DOJ prosecutors. Mittal argues these executive actions are part of a systemic attempt to “capture the referees,” a term used by political scientists to describe authoritarian consolidation, and highlights the dangers of politicizing law enforcement, especially when career officials face reprisals for impartial legal work.

Volume 78 (2025-2026)

Symposium – Executive Overreach and the Rule of Law in Trump II

How a Rule 23(b)(2) Class Action Could Save Law Firms from Trump

by  Nora Freeman Engstrom, Jonah B. Gelbach & David Marcus  

As Trump targets law firms with punitive executive orders, firms face a familiar dilemma: all would benefit from resistance, but acting alone may risk everything. This Essay diagnoses the legal profession’s collective action problem and prescribes a united, classwide solution.

Volume 78 (2025-2026)

Symposium – Executive Overreach and the Rule of Law in Trump II

National Security or Nothing to See? Clearances as the Site of Executive Overreach

by  Shreeya Singh  

Can courts review the President’s retaliatory decision to revoke security clearances? In this Essay, Stanford J.D. Candidate Shreeya Singh argues Supreme Court precedent says “yes,” but a recent court decision seems to effectively immunize the executive branch from judicial scrutiny in these cases in the name of national security.

Volume 78 (2025-2026)

Symposium – Executive Overreach and the Rule of Law in Trump II

Trumpian Impoundments in Historical Perspective

by  Zachary S. Price  

Reviving Nixon-era arguments, the Trump Administration claims the power to unilaterally withhold congressionally appropriated funds. In this Essay, Zachary Price dismantles the constitutional and practical case for presidential impoundment, and warns that letting the executive control the purse would threaten separation of powers and undermine democratic accountability.

Volume 78 (2025-2026)