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...
Political Process
Tax Limits and the Future of Local Democracy
Vol. 133 No. 6
Property tax limits are state-level laws that place caps on local governments’ tax rates and revenue. These statutory limits, which put pressure on already...
Martin v. City of Boise
Ninth Circuit Refuses to Reconsider Invalidation of Ordinances Completely Banning Sleeping and Camping in Public.
Vol. 133 No. 2
Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing
Vol. 133 No. 1
Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...
Indigenous Environmental Network v. Department of State
Montana District Court Holds State Department’s National Interest Determination for Keystone XL Pipeline Violated APA by Disregarding Prior Factual Findings.
Vol. 132 No. 8
Act of Sept. 28, 2017
Illinois Repeals Anti-Abortion Trigger Law.
Vol. 131 No. 6
Eliminating the FEC: The Best Hope for Campaign Finance Regulation?
Vol. 131 No. 5
The Federal Election Commission has an unenviable task. It regulates the financing of federal elections, pursuant to authority delegated by the very officials whose...
Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past
Vol. 131 No. 1
“Unprecedented” is a dirty word — at least in the context of constitutional politics. The claim that some behavior is unprecedented carries with it...
Arizona State Legislature v. Arizona Independent Redistricting Commission
Vol. 129 No. 1
The Elections Clause of the U.S. Constitution provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed...
Favors v. Cuomo
Eastern District of New York Rejects Equal Protection Challenge to New York State Senate Redistricting Plan.
Vol. 128 No. 6