This Comment advocates for a particular definition of “preferential treatment.” On April 22, 2014, the U.S. Supreme Court held that the State of Michigan’s constitutional amendment forbidding preferential treatment based on race or gender was...
The U.S. Supreme Court’s decision in Hollingsworth v. Perry—which held that the official proponents of California’s Proposition 8 did not have standing to appeal an adverse district court judgment—deals a heavy blow to voter-enacted legislation in...
On March 4, 2015, the U.S. Supreme Court heard oral argument in King v. Burwell, a tremendously important case involving the administration of the Patient Protection and Affordable Care Act, also known as Obamacare. At issue in King is whether the...
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists...
Although there is no universal definition of “decriminalization,” approaches to decriminalization largely focus on modifying how conduct is sanctioned or punished. This Article argues that there is a need to broaden approaches to decriminalization...
Drones “allow for the most discriminating uses of force in the history of military technology,” and can thus be a profound humanitarian advancement in warfare. State actors alone, however, can actualize this potential. Although the United States...