Vol. 139 No. 8 In recent years, states have enacted wide-ranging requirements for technologies like social media and generative artificial intelligence. These regulations are, like all government action,...
Vol. 139 No. 8 Government speech doctrine can be a silver bullet for government defendants facing First Amendment free speech claims. If the government is speaking, its regulation...
Vol. 139 No. 7 Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity...
Vol. 139 No. 7 While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction...
Vol. 139 No. 7 The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact....
When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh...
Vol. 139 No. 6 Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of...
Vol. 139 No. 5 In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it...
Vol. 139 No. 5 Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing...
