Legal History

“Alas”

Vol. 139 No. 6 Whether written or unwritten, young or old, constitutions can't compel the construction of institutions of the enforcement of checkpoints any more than maps can create fences, checkpoints, or border patrols. And yet constitutions are powerful; they produce effects.
Fourth Amendment

Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval

Vol. 139 No. 4 The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding issues raised by law enforcement’s powerful and novel capabilities, thanks to technological changes.
Abortion Law

How to Get Free in a Time of Retrenchment

Vol. 138 No. 7 Queering Reproductive Justice and Liberating Abortion are not books of theory. I want to make this clear from the start because the work of “queering” a topic can sometimes be followed by paragraphs filled with words like deontological, epistemic, and discursive (not that there’s anything wrong with those words).
Bankruptcy

Who’s Afraid of Bankruptcy

Vol. 138 No. 5 Who’s afraid of a bankruptcy filing? Perhaps we all should be given the increasingly outsized role that bankruptcy law plays in our market society. Handling more cases per year than any other category of federal court, bankruptcy courts attend to the disposition of debts related to both mundane contractual relationships and pressing social issues.