Response to The Constitution of American Colonialism
Vol. 137 No. 1 What are the borderlands? In her brilliant and sweeping exploration of the “constitution of American colonialism,” Professor Maggie Blackhawk references the borderlands dozens of...
Vol. 137 No. 1 Introduction For the last decade, conservative Supreme Court Justices have repeatedly contended that opponents of marriage rights for same-sex couples are decent and fair-minded...
Vol. 137 No. 1 The chilling effect doctrine is “a major substantive component of first amendment adjudication,” but courts’ understanding of chilling effects is limited and narrow. In...
Vol. 137 No. 1 In an increasingly interconnected national economy, the myriad political leanings and morals of political actors result in equally varied — and sometimes diametrically opposed — state laws. Thus,...
Vol. 137 No. 1 Introduction In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are...
Vol. 137 No. 1 The Sixth Amendment Confrontation Clause promotes “the protection of innocence,” due process, and fair trials by extending to criminal defendants the right to cross-examine...
Vol. 137 No. 1 America was founded on ideals of democracy, freedom, and political equality. It was also founded with racialized slavery, and for most of its history...
Vol. 137 No. 1 When states receive funds from the federal government, strings are often attached. For instance, if states wish to receive Medicaid and Medicare funds, the...
Vol. 136 No. 8 Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
