This Article examines the federal government’s community engagement efforts with American Muslim communities as part of a larger infrastructure for policing radicalization and countering violent extremism (CVE). While the federal government presents community engagement as a softer alternative to policing, community engagement is integrated into a larger policing apparatus, making the reality far...
Interstitial Federalism
Spillover commons are common-pool resources that cross jurisdictional boundaries. Governing spillover commons poses unique and significant challenges. If jurisdictional boundaries are drawn too narrowly, jurisdictions can externalize costs to neighbors. If the jurisdictional boundaries are drawn too broadly, too many remote stakeholders unnecessarily increase transaction costs. The jurisdictional...
Bankruptcy Survival
Of the large, public companies that seek to remain in business through bankruptcy reorganization, only 70 percent succeed. The assets of the other 30 percent are absorbed into other businesses. Success is important both because it is efficient and because it preserves jobs, communities, supplier and customer relationships, and tax revenues. This Article reports the findings of the first...
A Preferable Way to Treat Preferential Treatment
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 consistent with the U.S. Constitution. The case was Schuette v. Coalition to Defend Affirmative Action. The amendment, known as Proposal 2, has effectively...
No Legs to Stand On: Article III Injury and Official Proponents of State Voter Initiatives
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 the twenty-four states that make use of voter initiative processes. Challenges to voter-enacted legislation are increasingly being brought in federal...
King v. Burwell and the Rule of Law
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 president can lawfully provide subsidies for health insurance plans purchased through federally established exchanges when the text of Obamacare...
Decriminalization, Police Authority, and Routine Traffic Stops
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 beyond sanctions and give more consideration to the other ways in which criminalization fosters state control over civilians—including police authority...
Not Whether Machines Think, But Whether Men Do
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 complies with international humanitarian law from strike authorization through strike execution within the Afghanistan theatre of war, its methods for...