Vol. 101: Fall Headnotes

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 the topic of two-term Presidents and their ability to serve the country in the role of Vice President. This piece furthers the discussion by commenting on the importance of this debate and also tying it to the concept of “constitutional end runs.” Full essay here.

 

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

The categorical approach and its various iterations have 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. Full essay here.

 

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. Full essay here.