Abstract Since Reconstruction, states have passed laws to limit the power of those traditionally not permitted to vote (i.e. not white men). These barriers on the right to vote include, inter alia, the payment of poll taxes, which were often...
This Article outlines a novel First Amendment compelled speech claim against a growing body of abortion restrictions, including fetal demise and burial laws, premised on a state interest in “expressing respect for potential life.” It weaves...
Abstract Conventional wisdom holds that democracy is structurally ill equipped to confront climate change. As the story goes, because each of us tends to dismiss consequences that befall people in other places and in future times, the people cannot...
From sequels and spin-offs to physical merchandise, copyright and trademark law together give a creative work’s owner exclusive control over a range of derivative products. This Article argues that, under the right conditions, that control can tilt...
As helpful as new forms of centralized data collection might be for investigators, there remains a critical open issue: the systems were not designed to identify the exculpatory and impeaching material prosecutors are required to disclose under...
Abstract If a police officer pulls a person over for running a stop sign, the Fourth Amendment clearly applies. But if he sexually assaults a person in her home, in a noninvestigative setting, it generally does not. A substantive due process...