A debate continues to rage in the academy and on the U.S. Supreme Court about the propriety of originalism as a methodology of constitutional interpretation. In federalism cases both the majority and the dissent on the current Court appear to have...

In this Comment, the author considers the popular critique of the Great Case of Johnson v. M’Intosh as racist myth-making. After unpacking Johnson’s uncomfortable marriage of conquest and discovery, Seifert juxtaposes the opinion with Virgil’s...

Courts have regularly relied on the “special characteristics” of radio and television broadcasts to justify government regulation of the content in those media that has never been allowed for the print media. However, the convergence of media...

In the administration of a state or federal probation system, a criminal defendant who is placed on probation often signs a "consent-to-search" agreement. This agreement contains a clause in which the probationer consents to suspicionless...

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable because, when "civil courts...

Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due...