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Major Questions in the Plenary Power Domain

Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration...

Privacy and the Impossibility of Borders

This Article argues that a meaningful conception of privacy renders borders illegitimate. For those present in a nation state without legal authorization, pursuit of their basic rights carries the real risk that identifying information collected...

Relational River: Arizona v. Navajo Nation & the Colorado

It is not every day the U.S. Supreme Court adjudicates a case about the water needs and rights of one of the Colorado River Basin’s thirty tribal nations and the trust relationship shared by that sovereign with the United States. Yet just that...

Auxiliary Police in Schools

Alternative school police initiatives have recently received significant scholarly and policy attention. From their implementation throughout several school districts nationwide, many scholars, advocates, and policymakers have grappled with two key...

Reestablishment of Religion and LGBTQ Rights

Abstract The disestablishment of religion, also commonly referred to as the separation of church and state or separation of religion and government, has been a salutary constitutional principle in the United States. The diminishment of the...