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Volume 69, Issue 2


Constitutional Administration

by  Ilan Wurman

Administrative law rests on two fictions. The first, the nondelegation doctrine, imagines that Congress does not delegate legislative power to agencies. The second, which flows from the first, is that the administrative state thus exercises only executive power, even if that power sometimes looks legislative or judicial. These fictions are required by a formalist reading…


Ballots for Bullets?

Disabled Veterans and the Right to Vote
by  Rabia Belt

Over 100,000 veterans lived in government-funded homes after the Civil War. Although these veterans sacrificed their bodies for the preservation of the nation, they ultimately lost the right to vote because of their status as residents of charitable institutions. Their disenfranchisement challenges the conventional wisdom that disabled veterans occupied a privileged position in society, politics,…


They Were Here First

American Indian Tribes, Race, and the Constitutional Minimum
by  Sarah Krakoff

In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with…


Local Government Design, Mayoral Leadership, and Law Enforcement Reform

by  Alexander J. Kasner

American cities have become a battleground for civil rights struggles between law enforcement officials and the residents they are sworn to protect. A number of voices have emerged from this conflict, calling for reform of local policing and strategies for litigation-based measures for restitution and deterrence. And yet relatively unnoticed are the very local governments…