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Volume 70, Issue 3


The Constitutional Compromise to Guarantee Education

by  Derek W. Black

Although the U.S. Supreme Court refused to recognize education as a fundamental right in San Antonio Independent School District v. Rodriguez, the Court in several other cases has emphasized the possibility that the Constitution might afford some protection for education. New litigation is attempting to fill that void. This litigation comes at a perfect time.…


Compensating City Councils

by  Kellen Zale

How much of “other people’s money” should city councils be paid? This Article analyzes the issue of city council compensation by exploring the institutional design of compensation procedures and unpacking the normative concerns surrounding the pay of our cities’ elected leaders. Should city councils decide their own pay? Should voters? Should state legislatures? This Article…


Chevron Meets the Categorical Approach

by  Shannon M. Grammel

The Immigration and Nationality Act (INA) predicates various civil and criminal consequences on a noncitizen’s prior conviction for an “aggravated felony.” In determining whether a noncitizen’s prior conviction counts as one for an aggravated felony, courts and the relevant immigration agencies employ what is known as the categorical approach. That approach collides with Chevron deference…


Does Justice ‘Need to Know’?

Judging Classified State Secrets in the Face of Executive Obstruction
by  Faaris Akremi

Reams have been written on the state secrets privilege and its consequences for litigants’ rights. So too have scholars explored individuals’ rights to challenge security clearance decisions as they relate to employment. But there has never been a thorough exploration of how to resolve conflicts between the state secrets privilege and the security clearance system…