Print Issue Volume 93 - No. 4

The Myth of Self-Regulation

The American legal profession is highly regulated. Lawyers are governed by state-enforced professional codes, supervised by courts, and constrained by civil liability rules, civil and criminal statutes, and administrative standards. Nevertheless, commentators and various actors in the legal system continue to conceptualize law as a “self-regulated profession.” The Preamble to the recently revised ABA Model […]

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Beyond the Article I Horizon: Congress’s Enumerated Powers and Universal Jurisdiction Over Drug Crimes

The United States routinely apprehends foreign drug traffickers in international waters. It prosecutes many of them under the Maritime Drug Law Enforcement Act, which allows for jurisdiction even over foreign-flagged vessels with no demonstrable intent of bringing their cargo to the United States. This assertion of universal jurisdiction—a doctrine generally reserved for heinous human rights […]

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Reason-Giving and Accountability

This Article explains that elected officials are not politically accountable for their specific policy decisions in the manner that is typically envisioned by modern public law. It claims, however, that public officials in a democracy can be held deliberatively accountable by a requirement or expectation that they give reasoned explanations for their decisions that could […]

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Making Defendants Speak

Criminal defendants have the constitutional right to choose between testifying and remaining silent at trial. Within that broad constitutional framework, many legal rules affect the defendant’s decision. Some rules burden testimony and encourage silence, while others burden silence and encourage testimony. There is no way for the state to be fully neutral between silence and […]

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Note, Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion

As many as 6,000 women are pregnant in prison in the United States. The option of abortion is particularly suited for these women, who struggle with public assistance, drug addiction, or who are at risk of losing their child to the foster system. The Bureau of Prisons policies governing abortion in prison effectively require potentially […]

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Note, Accepting Justice Kennedy’s Challenge: Reviving Race-Conscious School Assignments in the Wake of Parents Involved

More than half a century after Brown v. Board of Education mandated an end to racial segregation in American schools, districts nationwide remain crippled by racially homogenous classrooms and a widening achievement gap between white and minority students. Racial segregation is rising, minority student achievement is falling, and race-neutral solutions alone consistently fail to stem […]

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De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]


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