Data Federalism
Vol. 135 No. 4
Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone....
Constitutional Law
The Right to Be Free from Arbitrary Probation Detention
Vol. 135 No. 4
In 2010, the New York Police Department arrested sixteen-year-old Kalief Browder on suspicion of stealing a backpack. New York City jailed Browder for three...
United States v. Perez
Second Circuit Rules Prohibition of Firearms Possession by Undocumented Immigrants Passes Intermediate Scrutiny
Vol. 135 No. 4
Power and Powerlessness in Local Government: A Response to Professor Swan
Response to Constitutional Off-Loading at the City Limits
Vol. 135 No. 3
Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of...
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Response to Originalism: Standard and Procedure
Vol. 135 No. 3
Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...
On Inkblots and Truffles
Response to Originalism: Standard and Procedure
Vol. 135 No. 3
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more...
Originalism: Standard and Procedure
Vol. 135 No. 3
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
Leaders of a Beautiful Struggle v. Baltimore Police Department
Fourth Circuit Holds Warrantless Access of Aerial Surveillance Data Unconstitutional
Vol. 135 No. 3
In re Humphrey
California Supreme Court Holds Detention Solely Because of Inability to Pay Bail Unconstitutional
Vol. 135 No. 3
Constitutional Off-Loading at the City Limits
Vol. 135 No. 3
The most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For...