Monopolizing Whiteness
Vol. 134 No. 7
In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income,...
Articles
The Non–First Amendment Law of Freedom of Speech
Vol. 134 No. 7
The First Amendment dominates debate about freedom of speech in the United States. Yet it is not the only legal instrument that protects expressive...
Privatization’s Preemptive Effects
Vol. 134 No. 6
Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection to education, environmental...
Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade
Vol. 134 No. 6
Amidst a raft of major Supreme Court decisions, a relatively quiet concurrence has planted the seeds for what may precipitate a major transformation in...
Turning Neighbors Into Nuisances
Vol. 134 No. 5
A reckoning for single-family zoning is underway. From Minnesota to California, cities and states are looking for ways to compel the densification of neighborhoods...
Fair Housing For A Non-Sexist City
Vol. 134 No. 5
Sex discrimination is built into the American landscape. Zoning ordinances, building codes, restrictive covenants, and other housing laws reflect — and then entrench —...
Long Live The Federal Power Act’s Bright Line
Vol. 134 No. 4
This Article interprets a trio of recent Supreme Court cases that addressed jurisdictional disputes in energy markets to identify which policies respect the Federal...
Rethinking Protections For Indigenous Sacred Sites
Vol. 134 No. 4
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted...
Criminal Municipal Courts
Vol. 134 No. 3
This Article is accompanied by a set of data visualizations, developed in collaboration with TWO-N. Municipal courts are the lowest and least scrutinized echelon...
Decryption Originalism: The Lessons of Burr
Vol. 134 No. 3
The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device....