Fall 2016: Volume 101

The Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs

Professor Bruce G. Peabody reexamines his 1999 piece published with Volume 83 of the Minnesota Law Review, entitled “The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment.” Peabody’s 1999 article has generated a significant amount of conversation since the time of its publication and the argument is again renewed in light of commentary surrounding […]

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Mathis v. U.S. and the Future of the Categorical Approach

The categorical approach and its various iterations has caused confusion in many of the lower courts. Professor Evan Tsen Lee dissects the future of the categorical approach after the Supreme Court’s ruling in Mathis v. United States, while suggesting that there may be alternatives.

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Reining in Private Agents

Professor Amitai Etzioni discusses the government’s use of private contractors by examining three case studies: data privacy, private policing, and private military contractors. By examining the ways in which the government can avoid certain restrictions by relying on these private agents, Professor Etzioni suggests that a complete reconceptualization may be required.

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Volume 101 - Issue 2

Note: Big Enough To Matter: Whether Statistical Significance or Practical Significance Should Be the Test for Title VII Disparate Impact Claims

Title VII of the Civil Rights Act of 1964 prohibits employers from intentionally discriminating against employees because of their race or gender. It also prohibits employers from adopting even facially-neutral employment practices that have a “disparate impact” on women or racial minorities. But what exactly is a “disparate impact”? Does this term refer to any […]

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De Novo

  • Inclusive Communities and the Question of Impact

    INCLUSIVE COMMUNITIES AND THE QUESTION OF IMPACT: PRO-PLAINTIFF? By: Lauren Clatch, Volume 101 Staff Member In the summer of 2015, the Supreme Court ruled in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc. regarding the viability of disparate impact claims under the Fair Housing Act (FHA).[1] […]

  • Phasing Out Private Prisons Is an Important Symbolic Gesture

    PHASING OUT PRIVATE PRISONS IS AN IMPORTANT SYMBOLIC GESTURE By: Claire Williams, Volume 101 Staff Member On August 18th, the Department of Justice (DOJ) announced that it would begin to phase out its use of private prisons, “either declin[ing] to renew that contract or substantially reduc[ing] its scope in a […]

  • Creeping on the Constitution

    CREEPING ON THE CONSTITUTION: FIRST AMENDMENT IMPLICATIONS OF THE 2016 CLOWN CRAZE By: Bethany Davidson, Volume 101 Staff Member On August 24, 2016, the property manager of an apartment complex in Greenville, South Carolina posted a concerning letter on residents’ doors.[1] The letter addressed multiple reports that were made to […]

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