United States v. Sineneng-Smith
Vol. 134 No. 1
Among the “historic and traditional” categories of unprotected speech — “the prevention and punishment of which have never been thought to raise any Constitutional...
Leading Cases
These student-written pieces focus on one important case decided by the U.S. Supreme Court during the previous Term and form the “Leading Cases” section of the November Supreme Court issue. Comments are ten pages long and written during the summer between students’ second and third years.
Comcast Corp. v. National Ass’n of African American–Owned Media
Vol. 134 No. 1
In 1989, in Price Waterhouse v. Hopkins, a plurality of the Supreme Court held that in a Title VII sex discrimination lawsuit, a plaintiff...
Our Lady of Guadalupe School v. Morrissey-Berru
Vol. 134 No. 1
Eight years ago, the Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC that religious institutions are immune from employment discrimination...
Espinoza v. Montana Department of Revenue
Vol. 134 No. 1
The Religion Clauses of the Constitution have proven difficult for the Supreme Court to untangle. Critics of the Court’s fractured Religion Clauses jurisprudence have...
Ramos v. Louisiana
Vol. 134 No. 1
Stare decisis is not “an inexorable command.” But the question of when and whether to overrule precedent frequently vexes the Justices. Last Term, in...
Republican National Committee v. Democratic National Committee
Vol. 134 No. 1
The COVID-19 pandemic has created a variety of challenges in election administration, resulting in numerous legal disputes. One of these disputes arose in Wisconsin,...
Agency for International Development v. Alliance for Open Society International, Inc.
Vol. 134 No. 1
Whether constitutional rights apply beyond the physical borders of the United States has been a contested issue for over a century in Supreme Court...
Kahler v. Kansas
Vol. 134 No. 1
Imagine two prosecutions for murder. In both, the defendant is mentally ill. In the first, the accused “thought the victim was a dog”; in...
Trump v. Vance
Vol. 134 No. 1
In September 2016, then-candidate Donald J. Trump assured the American public that he would release his tax returns as soon as the IRS finished...
Hernández v. Mesa
Vol. 134 No. 1
In its landmark decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a federal agent’s...