This Comment compares and contrasts: (1) analyses and recommendations posited by longstanding Constitutional scholars discussing social movements, with (2) the efforts and achievements by the Black Lives Matter movement. Using the scholarship of...
This Article empirically examines the six primary deficiencies impacting extant research on affirmative action in law schools and highlights how inattention to—and sometimes outright disregard for—these issues continues to muddy the debate over...
Abstract Laws enacting victim impact statements flourished in the 1980s and 90s, a period defined by draconian crime control measures and mass incarceration. During an emerging era of decarceration, the effect of victim impact statements on...
Abstract This Article examines the tension between a prospective college student’s First Amendment freedom of speech and a public university’s unenumerated, inchoate right of institutional academic freedom. The friction between these interests was...
Abstract During the global pandemic, people around the world are at risk of serious illness and death from contact and proximity to other people. But Indigenous peoples, particularly those in voluntary isolation, have always faced that risk. ...
Abstract As with so much else in American life, the COVID-19 crisis delivered a gut punch to our justice system. And the worst is yet to come, as federal and state courts alike are soon to fill with cases reflecting the failing finances and fraying...