The “Guarantee” Clause
Vol. 132 No. 2
Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of...
Federalism
Cross-Enforcement of the Fourth Amendment
Vol. 132 No. 2
This Article considers whether government agents can conduct searches or seizures to enforce a different government’s law. For example, can federal officers make stops...
51 Imperfect Solutions: States And The Making of American Constitutional Law
By Jeffrey S. Sutton. New York, N.Y.: Oxford University Press. 2018. Pp. v, 278. $29.95.
Vol. 132 No. 2
States of the Union
“After the 2016 election,” a recent video about the New York Senate primary begins, “New York State acted fast to pass these measures to...
Federalism Is in a Bad State
In November, voters will be asked to decide 6000 state legislative elections, with 87 of the nation’s 99 state legislative houses holding their regularly...
Hidden Laws of the Time of Ferguson
Responding to Fred O. Smith Jr., Abstention in the Time of Ferguson
Response to Abstention in the Time of Ferguson
Vol. 132 No. 1
How Crime Pays: The Unconstitutionality of Modern Civil Asset Forfeiture as a Tool of Criminal Law Enforcement
Vol. 131 No. 8
In 1989 Attorney General Richard Thornburgh touted the benefits of civil asset forfeiture, describing how it enables “a drug dealer to serve time in...
Abstention in the Time of Ferguson
Vol. 131 No. 8
Of the roughly 450,000 Americans who are in local jails awaiting trial, many are there because they are poor. When people with economic resources...
The Certiorari Process and State Court Decisions
Vol. 131 No. 7
Introduction M any have said much about the United States Supreme Court’s certiorari process. Repeat litigators, like seasoned fishing guides, know where and how...
State v. Wayfair Inc.
South Dakota Supreme Court Holds Unconstitutional State Law Requiring Internet Retailers Without In-State Physical Presence to Remit Sales Tax.
Vol. 131 No. 7